What Long-Term Disability Lawyers Want you to Know
Having a persistent injury or illness can be a very serious and difficult experience for any employee who wishes to keep their income and not miss any workdays. Luckily, there are employee benefit programs and procedures in place for individuals dealing with such setbacks to their health. These safeguards can protect you from losing your salary while you are off work due to a long-term disability (LTD). It is important that an Individual who suffers from a long-term injury or illness know the resources that are available to them. This will help to relieve some of the financial stress placed upon them due to being off work for an extended period of time.
Our legal team at Badre Law are experts in the field of long-term disability claims. We handle claims and recommend reading the important information presented in this article to understand what constitutes a LTD and how the compensation works. We hope to offer you a better understanding of long-term disability insurance, so that you can determine what your next steps should be if you or someone you know is affected by a long-term health condition.
What is Long-Term Disability Insurance?
The first step towards receiving the compensation you deserve from your injury or illness is understanding what long-term disability insurance is. Long-term disability benefits can be made available for employees who have an injury or illness that prevents them from fulfilling their workplace duties. These benefits may only be acquired by those who have long-term disability insurance. Some employers, such as the federal government, offer a Public service group insurance benefit plan, which includes long-term disability insurance. These benefits often help attract prospective employees, and incentivize current employees to remain with the organization. However, individuals may also apply for the insurance themselves if it is not offered by the employer. If you are thinking of purchasing this type of insurance policy, be sure to check with your employer if you have any coverage already given to you as part of their plan.
What Time Frame Does Long-Term Disability Cover?
Long-term disability insurance also covers a specific time frame of injury as well, coming into effect when the short-term disability period ends. Short-term disability benefits range from the three-month to six-month range, whereas long-term disability benefits tend to pick up from there. These benefits have a longer coverage period compared with short-term benefits. The benefits resulting from LTD insurance can last up to two years if the employee is unable to return to work. They may also receive benefits past the two-year mark if they are unable to work at any type of job due to their injury/illness. The long-term disability benefits typically payout 60-70% of the individual’s income while they are incapable of work. These benefits may also start to take place after sick leave benefits or employment insurance benefits come to a close as well.
This type of coverage, however, does not cover any injuries resulted from a workplace incident. These policies cover solely any injuries that have taken place outside of the workplace such as a vehicular accident or a slip and fall. There are various types of plans that you may purchase to help reduce the risk of not receiving income due to such an event, therefore it is smart to see which type of coverage plan works best for you.
What Qualifies as a Long-Term Disability?
Many different types of injuries and illnesses can qualify as a long-term disability providing that it prohibits the person from being unable to perform their professional responsibilities. These types of injuries and illnesses vary from being physical, emotional as well as psychological. A common misconception is that to be considered for long-term disability benefits you must have a physical type of injury. This is simply not the case. Below we have listed different types of injuries and illnesses for which a long-term disability claim can be made:
Emotional and Psychological Distress
If an individual finds themselves unable to fulfill workplace tasks due to psychological and/or emotional symptoms and trauma, then they may qualify for LTD benefits. Some of the more common types of illness include, but are not limited to: depression, bipolar disorder, anxiety illnesses, and schizophrenia.
Chronic and Orthopedic Pain
As previously stated, physical limitations placed upon individuals due to incidents that have occurred outside of the workplace may also fall under the long-term disability category. Different types of chronic pain that may place too much distraction on a worker and render them unable to work can be considered to receive compensation from LTD insurance. Pain stemming from issues like Crohn’s Disease, arthritis, or gout among others can all be eligible to receive compensation from long-term disability insurance.
Other physical injuries like breaks and tears may also be eligible to receive the same type of compensation for the same reasoning of pain distraction. Orthopedic pain like bone breaks resulting from endeavours outside of the workplace, like vehicular accidents or slip and falls, which result in lingering pain or a longer healing process, is a suitable cause for an LTD claim.
Brain Injuries
Concussions are a very common form of longer-term injury that result in an individual losing the capability of performing work. If it is deemed that one may not be able to work long-term due to a concussion, then they may be entitled to receive long-term disability benefits as stated in their insurance policy. Other types of brain injuries, such as those resulting from an automobile crash, may also qualify an individual for long-term disability benefits.
Other Injuries, Disorders, and Illnesses
There are a plethora of different types of injuries and illnesses that may also be considered as a long-term disability, which we have not touched on. Some of the more common types are sleep disorders, visual disorders, and cancer. If there is an injury or illness that prohibits the functionality of an employee for an extended absence from work, then it is likely that it may be covered under a long-term disability insurance policy.
How to Receive Compensation for Long-Term Disability
Having a disability that keeps you from going into work, completing your job and being compensated is undoubtedly stressful. Knowing the complexities of your insurance policy and its coverage details might be especially difficult to decipher when you are simultaneously dealing with the stress from lost income. The process can be very challenging for anyone going through such hardship and using the services of a long-term disability can mean the difference between qualifying for long-term disability insurance or not.
At Badre Law our expert team of LTD lawyerswill help you file your claim or answer any questions about your insurance. We can also review and guide you through a previously denied claim. Whatever point you are at we will do our best to help you receive the income you deserve moving forward and keep you focusing on more important things than filing claims; your health and well-being.
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Do I need a lawyer for a minor car accident injury?
The need for a lawyer in a minor car accident injury often depends on the circumstances. If injuries or damages are minor, you might manage without legal assistance; however, consulting a lawyer can ensure you receive fair compensation.
What are the fees of a personal injury lawyer in car accidents?
The fees of a personal injury lawyer in car accidents typically operate on a contingency basis, meaning they only get paid if you win your case, usually taking a percentage of the settlement or verdict.
Can I sue for whiplash injuries from a rear-end collision?
You can sue for whiplash injuries resulting from a rear-end collision if you can demonstrate that the accident was caused by another driver's negligence.
Can I claim compensation for whiplash from a bus accident?
You can claim compensation for whiplash resulting from a bus accident if you can establish that the accident was caused by the bus driver's negligence. It's advisable to consult with a personal injury attorney to guide you through the claims process.
Do personal injury law firms offer free initial consultations?
Many personal injury law firms offer free initial consultations to prospective clients. This opportunity allows you to discuss your case without any financial commitment and obtain valuable legal insight on your potential claim.
What is the role of a personal injury lawyer in a car accident?
The role of a personal injury lawyer in a car accident is to advocate for victims' rights, navigate the legal complexities of claims, secure fair compensation, and provide guidance throughout the entire injury recovery process.
How do I prove whiplash injury in a personal injury claim?
Proving whiplash injury in a personal injury claim involves documenting medical evaluations, securing diagnostic imaging results, and obtaining statements from healthcare professionals regarding the injury's impact on daily life and activities.
How do I find the best personal injury law firm near me?
Finding the best personal injury law firm near you involves researching local firms, checking client reviews, and evaluating their experience in handling cases similar to yours. Schedule consultations to assess their approach and compatibility with your needs.
How much does a whiplash lawyer cost in the US?
The cost of hiring a whiplash lawyer in the US typically varies based on the complexity of the case. Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case, often taking around 25% to 40% of the settlement.
How does a personal injury lawyer investigate a car accident?
A personal injury lawyer investigates a car accident by gathering evidence, including police reports, witness statements, and accident scene photos, while assessing damages to effectively support their client’s claim for compensation.
Can a personal injury lawyer help with car accident insurance claims?
A personal injury lawyer can indeed assist with car accident insurance claims by navigating the complex legal process, negotiating with insurance companies, and ensuring you receive fair compensation for your injuries and damages.
What is the average settlement for whiplash injuries?
The average settlement for whiplash injuries typically ranges from $2,500 to $10,000, depending on the severity of the injury and other factors such as medical expenses and lost wages.
What qualities should I look for in a personal injury lawyer?
The qualities to look for in a personal injury lawyer include experience in personal injury law, strong communication skills, a proven track record of successful case outcomes, empathy towards clients, and a commitment to advocating for your best interests.
What makes a personal injury law firm the best in the industry?
The qualities that make a personal injury law firm the best in the industry include a proven track record of success, strong client advocacy, comprehensive case knowledge, responsive communication, and a commitment to maximizing client compensation.
What are the long-term effects of whiplash on the spine?
The long-term effects of whiplash on the spine can include chronic neck pain, reduced mobility, and potential degenerative changes, such as arthritis or herniated discs, which may impact overall spinal health and functionality.
What are the most common car accident injuries that require a lawyer?
The most common car accident injuries that require a lawyer include whiplash, traumatic brain injuries, spinal cord injuries, fractures, and soft tissue injuries. These conditions often lead to significant medical expenses and long-term impacts, making legal representation essential for proper compensation.
Can I get compensation for whiplash from a motorcycle accident?
Compensation for whiplash resulting from a motorcycle accident is possible. If you can demonstrate that the accident caused your injuries, you may be entitled to claim damages for medical expenses, pain, and suffering.
Can a personal injury law firm guarantee a successful outcome?
A personal injury law firm cannot guarantee a successful outcome. While they can provide expert guidance and representation, the result of each case depends on various factors, including evidence and circumstances surrounding the incident.
What should I document after a car accident?
Documenting the details after a car accident is essential. Record the accident scene, including photos of vehicles, injuries, and surroundings, gather contact information from witnesses, and obtain police and medical reports to support your personal injury claim.
How can I expedite my personal injury claim?
To expedite your personal injury claim, promptly gather all necessary documentation, communicate effectively with your attorney, and respond quickly to any requests from insurance companies or legal representatives involved in your case.
What evidence is crucial for a whiplash claim?
The evidence crucial for a whiplash claim includes medical records confirming the injury, documentation of accident details, and witness statements. These elements collectively support the legitimacy and extent of your claim, facilitating the compensation process.
What common mistakes to avoid in injury cases?
Common mistakes to avoid in injury cases include failing to seek medical attention promptly, not documenting evidence thoroughly, providing recorded statements without legal advice, and missing deadlines for filing claims. These missteps can significantly impact your case outcome.
How can I strengthen my injury case?
To strengthen your injury case, gather comprehensive evidence, including medical records, accident reports, and witness statements, while maintaining detailed documentation of your injuries and their impact on your life.
What is the process of filing a claims lawsuit?
The process of filing a claims lawsuit involves several key steps: first, consult with a personal injury lawyer to evaluate your case; next, gather relevant evidence and documentation; then, file the complaint in the appropriate court; and finally, proceed through discovery and possible settlement negotiations or trial.
How does insurance affect personal injury settlements?
Insurance plays a crucial role in personal injury settlements by determining the available compensation for injuries sustained in accidents. The at-fault party's insurance typically covers medical expenses, lost wages, and damages, influencing the settlement amount.
What are typical timelines for personal injury cases?
The typical timelines for personal injury cases can vary widely but generally range from several months to a few years. Factors such as case complexity, negotiation processes, and court schedules all influence the duration.
Can I switch lawyers during my case?
You can switch lawyers during your case if you feel it's necessary. However, it's important to consider the timing and any potential impacts on your case before making the change.
What can I expect during a consultation?
During a consultation, you can expect a thorough discussion of your case details, an evaluation of your injuries, and an explanation of your legal options. Our goal is to provide clear guidance and support as you navigate the compensation process.
How do contingency fees work in personal injury cases?
Contingency fees in personal injury cases mean that the attorney only gets paid if you win your case. This fee is typically a percentage of the compensation awarded, aligning the lawyer's interests with yours in achieving a successful outcome.
What compensation can be claimed for emotional distress?
Compensation for emotional distress may include damages for pain and suffering, loss of enjoyment of life, and mental anguish resulting from an incident. This compensation aims to address the psychological impact of the injury sustained.
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