Injuries are often unavoidable, particularly in the workplace. Something as small as hitting your head or tripping over something on the floor can cause a disabling injury. Although they may be unavoidable, you may be entitled to compensation, especially if the accident left you with a long-term disability.
You may be entitled to workers’ compensation if the accident or injury happened at work. You may also be eligible for long term disability benefits if you are a participant in your company’s group long term disability plan. Keep in mind, though, that applying for long-term disability benefits might not be an easy process. Most of the time, an employer’s insurance policy may be subject to ERISA, and the rules for applying for benefits are often complex and unforgiving. To handle these disabilities in an appropriate manner, be sure to do these steps first.
Know Your Long-Term Disability Insurance Policy
One of the most important things you can do after being severely injured is to go back and look at your long-term disability insurance policy. First, see what your policy defines as a disability. There is sometimes a change in the definition of disability in the policy from an ‘own occupation’ to an ‘any occupation’ standard. At first, you need only show you are unable to perform your own occupation. After the change in definition, you will need to show that you are disabled from any occupation to be considered disabled under the policy.
Hire an Attorney
Insurers and self-insurers want to save money by denying claims, even if the person is in fact disabled. If you find yourself in this situation, you need to contact a lawyer with experience litigating long term disability in Massachusetts.
One of the biggest reasons to get help from long term disability lawyers is that they can quickly help you build a case. Your attorney can compile evidence, including medical records and other information.
You can ask your attorney about the process and the deadlines, so that you understand what is happening as your claim or litigation progresses.
Dealing with a long-term disability claim is difficult, but there is a process and there are professionals who have experience navigating the legal landscape.
Long Term Disability Basics, employeebenefits.about.com
What Is Long Term Disability Insurance?,humanresources.about.com