Navigating ERISA Subrogation Claims
Personal injury attorneys who represent plaintiffs quickly learn the financial threat posed by ERISA liens. The Employee Retirement Income Security Act of 1974 (ERISA) governs most employee health plans. When a person covered under such a plan suffers a personal injury, the insurance provider is quick to place liens on any potential recovery, with the strength of ERISA law baking up their claims.
The Law Office of David H. Abney, II is a proven ally for personal injury plaintiffs and the law firms that represent them. We can help you navigate the complex issues that arise in ERISA subrogation while providing you with strong advocacy based on 20 years of practice.
Keys To Success
ERISA liens are difficult to negotiate, but an attorney equipped with knowledge of ERISA statutes and a thorough understanding of the plan language can negotiate from a position of strength. When seeking to maximize a plaintiff’s recovery in the face of an ERISA lien, an attorney must consider questions such as:
- Does the lien surpass the parameters of the plan’s claim for reimbursement?
- Does the plan specify from which source or sources it can recover (i.e., third-party or uninsured or underinsured coverage)?
- Does the plan allow for defenses based on the “make whole” or common fund doctrine?
Timing is important in defending against a subrogation claim, especially one that falls under ERISA law. It is important to negotiate lien claims before settling with the third-party defendant whenever possible because that is when you have the most leverage.
Attorney David H. Abney, II is a seasoned negotiator with a record of success handling subrogation claims nationwide. He is a thought leader in this complex area of law, having given over 100 continuing legal education presentations on the subject of healthcare subrogation.