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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118066
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My name is ***** *****. I was denied short term disability

Customer Question

My name is ***** *****. I was denied short term disability at Chase because they said my paperwork didn't cover the time period of my leave. I was threatened by an employee and fearful for my life. My doctor diagnosed me with anxiety on 11/19. The short term disability paper learly said I feared my safety at work. The guy that threatened me got 21/2 months paid, 5,000 dollars of severance pay and they are paying for his benefits for a year. He was terminated as of 1/4 although the incident happened in November. I needed time to get my head together but am now fighting for 60%of my pay
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Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I understand the details of your situation, but what is your specific question for us?
You say you were threatened by the employee, for what reason?
You say your STD was denied because your paperwork did not cover your time of leave, did you submit corrected paperwork?
Customer: replied 1 year ago.
How would I appeal or are there other options you'd better recommend? Employee that threatened me went dillusional and threatened to kill me the first time we hung out. Chase involved detectives and put him on paid admin leave. They couldn't discuss what was going on with him. He sits two desks down and my site has 3000 plus employees. I was under the impression that every employee passed the same background check. He was hired two weeks out of jail for a stalking charge. I didn't know when he was returning therefore I was scared to go to work. I found out he was terminated as of jan 4.'i returned to work on jan 16. I did submit paperwork documenting my treatment as it really messed with my head
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Okay, first off, you need to file a written appeal to the STD insurance company and attach correct copies of your medical paperwork showing the correct dates. If they deny you again, you have to file suit against them in court for breach of contract to get your insurance benefits.
Second, actually, you have a claim here against Chase potentially for "negligent hiring practices" which have now caused you intentional injury of infliction of emotional distress. Because this was caused by the intentional tort of the employee, it is something that is exempt from workers compensation (which is a good thing) and that means that instead of bringing a claim against the employer under workers compensation and only being entitled to pay for medical expenses and time missed from work, you can sue Chase and the employee in "tort" and that means you can get medical payments, lost wages, PLUS pain and suffering/emotional distress damages against them.
So you really need to consider obtaining a local attorney at this point and pursuing a suit against the employer as well as against the STD insurer if they deny your appeal with the corrected medical documents attached.