ERISA sets uniform minimum standards to ensure that employee benefit plans are established or maintained in a fair and financially sound manner. If an employee welfare benefit plan is not clearly and exactly excluded from ERISA, any state law "relating to" the plan is preempted.We advise business clients and work with their team to help create the right benefit plans for employees, such as profit sharing plans, 401(k) plans. Below are select protections of ERISA compared to traditional workers' compensation laws and regulations. Basic Questions about Workers' Compensation: How do I file a Workers' Compensation (WC) Claim? Its sweep effects the payment of disability benefits to injured workers, whether in the form of a single payment, or periodic payments.