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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.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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7 Employment Lawyers are Online Now

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Recent Long Term Disability Questions

  • I have been reading that the cap damages for federal for discrimination

    I have been reading that the cap damages for federal for discrimination complaints for one person is 300,000. Is this awarded only in federal court? I also heard there is state damages that can also be awarded. Is there a cap on this too?
  • I am a registered nurse doing alot of telephone triage with

    I am a registered nurse doing alot of telephone triage with one or two other nurses. We get hundreds of calls a day, messages taken by operators and forwarded to us via computer. The messages appear in a queue and we answer calls based on medical necessity. The volume of calls is often more than we can handle in 8-9 hrs and calls are left in the queue to be returned the next work day. As I am the last nurse to leave, I am concerned that the calls left unanswered in the queue are ultimately my responsibility. If one of those calls is not communicated accurately or I misinterpret what is written as being less serious than what it truly is and don't call a patient back before leaving and the patient becomes sicker, sustains harm, am I liable? My nurse manager says she has not problem leaving 25 unanswered calls in the queue. However, we have had a couple of calls where the situation seemed, according to the message we received, less serious and potentially life threatening than it turned out to be when we called the patient. So, are unanswered calls to my my office putting me at risk of a malpractice suit?
  • I recently resigned from a position at a home health care organization,

    I recently resigned from a position at a home health care organization, I offered a 2 week notice which was declined by text message, I was a very good employee and was begged on several occasions not to leave. I just viewed my last paycheck and an amount of $700 was taken out of my check and labeled travel cost. In September I was accepted to graduate school and my employer heard me talking and offered to use her travel points to obtain my plane ticket, she also offered money which I declined stating that I did NOT want any type of loan. There was never any paper work and the word loan was never used. Now tht I have left they are attempting to force me to pay a cash value for points. Can you please give me advice on how to get this money back.
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