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Erisa Law And Workers Compensation In Phoenix
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Phoenix
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US-001HB
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FAQ
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
Injured employees must file a claim using one of the Arizona workers' compensation forms. The claim must be filed with the ICA within 12 months of the date of the injury. Filing a claim involves completing the Worker's Report of Injury Form (0407) or the Worker's and Physician's Report of Injury Form (0102).
In Arizona, workers' comp covers all medical expenses to heal the work-related injury or illness. It can also provide some of the missed wages when injured workers need time off to recover. Coverage requirements in Arizona say you must provide workers' comp for full-time and part-time workers.
Once your employer receives notification of your injury, your employer must file an Employer's Report of Injury with the Industrial Commission of Arizona (ICA) within 10 days.
Under Arizona law, it is mandatory for employers to secure workers' compensation insurance for their employees. Workers' compensation is a “no fault” system in which an injured employee is entitled to receive benefits for an industrial injury, no matter who caused the job-related accident.
ERISA applies to private-sector companies that offer pension plans to employees. This includes businesses that: Are structured as partnerships, proprietorships, LLCs, S-corporations, and C-corporations. No matter how your employer has structured his or her business, it is covered by ERISA if it is a private entity.
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.
Government Plans: Plans established or maintained by federal, state, or local governments for their employees are generally exempt from ERISA. This includes plans for public school employees, state university staff, and municipal workers.
Only employers who offer their employees retirement, health, or other employer-sponsored benefits must comply with ERISA requirements. Notwithstanding, government employers are not subject to ERISA even though they offer pensions and healthcare benefits as part of their compensation packages.
ERISA is administered in part by the Employee Benefits Security Administration (EBSA), a branch of the U.S. Department of Labor. The law establishes requirements and guidelines for employers and benefit plan managers, trustees and certain other service providers.