Pennsylvania Short-Term Disability Attorney With Offices in Paoli, Radnor, Plymouth Meeting, King of Prussia, Exton and Philadelphia
Experienced Disability Attorney John A. Gallagher advises employees (and only employees) on Short-Term Disability claims. To learn whether a claim for Short-Term Disability might be right in your situation, Contact our office in Paoli or five other Greater Philadelphia locations.
Short-Term Disability ("STD") insurance is typically purchased by your employer (you may be required to contribute to the premium payment) and your rights to benefits are usually decided by the insurance company from whom the policy is purchased. Thus, while you may have to make your need for STD benefits known to your employer's HR Department, it does not have a say into whether you are entitled to the benefits or not - that issue is decided by the STD insurance carrier.
If you are approved for benefits, they usually approximate roughly 2/3rds of your regular pay, and are issued by the STD insurance carrier.
We Handle Short-Term Disability Claims for Individuals in Communities Such as Flourtown, Conshohocken, Collegeville, Lansdowne, Brookhaven, Upper Providence, East Norriton, West Norrriton, Harleysville, Souderton and Horsham
You may be entitled to STD benefits if you suffer a Personal Injury, have a need for leave under the Family and Medical Leave Act ("FMLA") or are suffering an acute circumstance due to a disability covered under the Americans With Disabilities Act ("ADA"). Typically, one has to be out of work for at least one week before the right to STD benefits is matured.
There are several important things to bear in mind when applying for Short-Term Disability benefits.
CAN I LOSE MY JOB IF I AM RECEIVING SHORT TERM DISABILITY BENEFITS IN PENNSYLVANIA?
Subject to some exceptions (discussed below) your employer does not have to hold open your job even if you qualify for STD benefits. STD benefits are monetary payments, and do not provide one with any right to job reinstatement. Fair or not, and subject to the exceptions stated below, it is lawful to fire an employee who is out of work due to an injury, even if the employee is receiving STD benefits.
CAN I TAKE FMLA LEAVE AND RECEIVE SHORT-TERM DISABILITY PAYMENTS AT THE SAME TIME?
In most cases, the only law that unequivocally provides for job security if you have to miss work due to a physical condition is the FMLA. Leave under the FMLA is unpaid, but gives you job security. However, if you have to miss work due to your own physical condition, you may obtain STD benefits while you are out on FMLA. Thus, by using FMLA leave rights and Short-Term Disability benefits in tandem, you can have job security while receiving at least a portion of your normal wages while you are out.
Another potential source of job security if you are suffering from a personal health condition that causes you to miss work is the ADA. Certainly, if you have to miss work due to an ADA disability, you will likely qualify for STD benefits. In such circumstances, qualified persons use the FMLA statute to maintain job security. If, however, you are not entitled to FMLA leave, and are required to miss work due to a disability, then you may have some right to job security under ADA. We deal with such circumstances on a case-by-case basis.
CAN THEY DENY ME SHORT-TERM DISABILITY BENEFITS IF I HAVE A DOCTOR'S NOTE?
Well, insurance companies can and will fight anything, it seems. It is fair to say that if you have a documented, clear physical injury (broken/fractured bone, herniated disc, surgical procedure), there is a much greater likelihood that STD benefits will be granted without contest. Cases involving emotional/psychological conditions are typically the more hotly-contested claims. Further, STD carriers may contest your claim if there is an issue as to whether your condition is work-related.
CAN THEY DENY ME SHORT-TERM DISABILITY BENEFITS IF I SEEK WORKERS'COMPENSATION BENEFITS?
Almost all STD insurance policies state that workers' compensation insurance must pay for work-absences arising out of work-related injuries before any obligation on the part of the STD carrier arises. In such circumstances, if you are approved for workers' compensation benefits, you are ineligible for STD benefits. If, however, your workers' compensation claim is denied, your application for STD benefits will be considered in due course.
CAN I GET SHORT-TERM DISABILITY BENEFITS FOR STRESS?
Yes, but stress claims are among the most contested of all STD claims. One issue comes up a lot where stress claims are concerned - is the stress at issue work-related? If so, then you may have to file a workers' compensation claim and have that decided before any possible right to STD benefits arises. In my experience, workers' compensation insurers often fight benefit claims more vigorously than do STD insurers.
Labor Lawyer Specializing in Representing Individuals Philadelphia Area in Disability Claims
Thus, there are a multitude of laws, such as workers compensation, FMLA, ADA, unemployment compensation, workers' compensation and Social Security regulations, that are often implicated when you file an STD claim. Having a clear understanding of those laws may be essential prior to making your application for STD benefits.
If you feel that your job is in jeopardy due to a temporary physical condition, or disability, you may want to call us today. We also have a reliable network of attorneys to whom we refer Workers' Compensation and Social Security Disability claims. We often work in conjunction with those attorneys to insure that all of your rights are protected.
To learn more about our experience with Short-Term Disability claims in Philadelphia County, Chester County, Montgomery County or Delaware County, Pennsylvania, Contact the Gallagher Law Group today.