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Long Term Disability Laws

While no one wants to think about becoming disabled, it is a reality for countless individuals. While many individuals believe that disabilities are typically the result of freak accidents, most long-term absences actually result from things such as heart disease and cancer. At the end of the day, the loss of income can be traumatic that it leads to individuals having many questions pertaining to long term disability. Listed below are five of the top long term disability questions that have been answered by the Experts.

What is the difference between long term disability and short term disability?

Short-term disability insurance covers a percentage of your lost salary should injury or illness knocks you out of work for more than a few days. Payments generally kick in when you have exhausted any available sick leave. You might see a large chunk of your salary early on, but payments are often reduced to 60% of your salary, or less, after a few weeks. Duration of benefits varies by policy, but six months is typical.

Long-term disability insurance is a more typical insurance product in that it protects you from catastrophic illness or injury including; tragic twists of fate that permanently end your ability to earn a paycheck. These policies usually pick up where short-term disability policies leave off. Some last only five or 10 years, but you want one that covers you until age 65.

If someone has been on long term disability from his or her job and is still under Dr's care, but the company is downsizing the employees position, what legal recourse does the employee have?

The Family and Medical Leave Act (FMLA) requires the employer under certain circumstances to provide an unpaid leave of up to 12 weeks, during which the job is being held for the employee. There is no specific law that requires the employer to continue to hold the job or position for the length of time, unless the employee is a union contract or employment contract more than likely there would be no legal recourse.

If an employee is on long term disability through a third party insurance, and the third party insurance won a court order for back pay from social security, will the third party insurance be reimbursed before the employee gets their settlement?

In most situations, the answer would be yes. The third party insurance would be paid their court order of reimbursement before the final settlement is split between the lawyer and the employee. The third party has the right to first be fully compensated for their investment into the case, and only after they obtain their cut of the award does the remainder get split between the employee and any other plaintiffs.

After being on long-term disability for over a year, does someone’s employer have any obligation to give the party’s job back or if they do not give the job back is this discrimination?

The employer can’t discriminate on that basis but it can choose not to offer the position back for other legal reasons such as, performance and business decline.

If the employer is discriminating on the basis of the employee’s disability and is not accommodating, the employee could consider an Equal Employment Opportunity Commission (EEOC) complaint. If you feel that you may be a victim of discrimination while on long term disability, contact the Experts to help answer your questions before making any decisions that could affect the rest of your life.

In Alabama, if someone is on long term disability and then was awarded Social Security Disability with back pay benefits, will the individual have to pay back pay to the long term disability company?

In most situations, if social security disability was awarded with back pay, and the long term disability insurance had been paying during the time of the back pay, then the long term disability insurance would be entitled to receive a reimbursement for that period.

Disability insurance is a necessary evil that you have to deal with. No matter how far off you think it may be accidents and illnesses do occur. What do you think will happen if you are deemed physically incapable of performing your daily tasks at work? If you are not attending the eight hours a day which is needed for you to earn a decent salary, what will happen if you are unable to perform your daily tasks at work due to a disability? Questions like these often come up when someone is incapable of working and making a living when they have become disabled. You can ask the Experts for any long term disability questions you may have.
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