The ERISA plans for the property Casualty Reimbursement products contain mandatory alternative dispute resolution (ADR) mediation and binding arbitration on all disputes between the injured party and the employer.
An ERISA Document does not provide the Employer protection from negligence lawsuits.
- Provides INTOXICATION Testing & Defense an employer can implement a test for drug and/or alcohol use and those results as a defense against negligence.
- Employer Directs & Controls cost of medical care. The employer can direct the care and treatment of the injured employee to the medical facility of his choice.
- Employer Directs the type of DEATH Benefit Employers can offer the benefit paid out over a term or a lump sum can be used to purchase an annuity.
- Avoids CONFUSION and LAWSUITS. The plan lays out the available benefits in writing, so the employer cannot be held liable for benefits promised by a supervisor or other employee that may not be there.
- Defines Accident Reporting PROCEDURES ERISA can require a process by which employees must report accidents within a given period of time.
- Defines Return to WORK Requirements Spells out modified duty & return to work requirements.
- ERISA requires Employee COOPERATION. ERISA requires the continued cooperation of the injured employee as a condition for continuous receipt of benefit.
- Benefit suits are under FEDERAL COURT jurisdiction. An ERISA Document moves employee benefit suits from state Courts with by jury to Federal Courts with “trial by judge” where frivolous suits are not allowed and many attorneys will not practice.