It is important for injured workers to understand the definitions of long term disability and short term disability as defined in their employers' insurance policies. How your injury or disability is defined will significantly affect the amount and length of benefits that you are able to receive from the insurance policy. If you are concerned that your injury has been mischaracterized by the insurance company as a short term disability instead of a long term disability, or if the definition of your injury has been changed after you were already receiving benefits, you need to speak with an experienced disability attorney about your case.
Understanding the difference between short term and long term disability benefits is important. Short term disability insurance provides benefits to employers who are unable to work due to an illness, injury or child birth. Short term disability coverage can range from only a few days to several months and is typically based on the terms of an insurance policy. In five states, employers are required to provide short term disability benefits to employees, but not in the state of Florida.
Long term disability insurance becomes available employee has an injury that will cause them to miss more work than is covered under short term disability benefits. For injuries that prevent a person from working at his or her job and at other jobs that may be available, long term disability benefits are supposed to provide that person with a source of income. Long term disability claims are potentially far more expensive for insurance companies than short term disability claims, and therefore, most companies will give much more scrutiny and evaluation to LTD claims. In order to qualify for long term benefits, it is important that employees have evidence prepared in favor of their claims, including medical records and statements from doctors about their inabilities to work.
The Employee Retirement Income Security Act, referred to as ERISA, is an act that governs most long term disability claims filed under employers' group policies. Under policies that are governed by ERISA law, your rights and remedies in the claims and appeals process may be severely limited. If you have had your initial long term disability claim denied or are having problems receiving the benefits you are promised under your policy, you may be able to file a lawsuit in federal court to obtain the benefits that you deserve. These are very time sensitive claims that require the expertise of an attorney who handles ERISA claims on a regular basis.
Allen & Abaray, P.A. recognizes that many people do not have the bank account to fight the large corporate insurance companies in a law suit. In addition, the Florida legislature recognizes that fact as well so they created Florida Statute 627.428 which allows the prevailing party in an insurance dispute to recover a reasonable attorney fee. As such our firm is willing to operate on a contingent fee basis which means you pay nothing upfront or along the way. You do not pay us an attorney fee or costs unless we get you a settlement or a verdict in your favor.
Whenever possible, we prefer to get involved before a claim is denied. That usually places us in a stronger position to get results for our client. If your insurance company is delaying payment, that is a sign it may be considering denying your claim. Get legal help today.
The experienced Lakeland personal injury attorneys at Allen & Abaray, P.A. aggressively pursue accident injury cases throughout the state of Florida. If you or a loved one has been injured in an auto accident, truck accident, slip and fall accident, or have suffered any type of injury because of someone else's negligence, call 1-863-669-9999 today for a free consultation.
5835 U.S. Highway 98 South Lakeland, Florida 33812 Toll Free: 877-669-6899 Ph: (863) 669-9999 Fax: (863) 669-0699