Long term disability claims are usually cut and dry. You clearly have injuries that prevent you from ever working the same job (or most other jobs) ever again. However, even when you think you have a clear cut case to receive benefits, you might be surprised when you are denied. Let's take a closer look at what physical injuries and limitations automatically qualify you for benefits and which ones might be met with resistance and a denial letter.
Missing Body Parts
Missing body parts as a result of your job are almost always an automatic yes on a long term disability claim. Missing a hand, eye, foot or leg that was lost to equipment in the line of duty equals whatever amount of benefits set forth in your insurance policy. The only time these automatic qualifiers are met with resistance is when there is some suspicion cast upon you with regards to tom-foolery, horseplay or attempting to operate machinery while under the influence of drugs and/or alcohol. Then, a full scale investigation needs to be launched and benefits withheld until it can be confirmed or denied that any of these things applies to your case. Be sure to get a personal injury attorney if your employer decides to pursue an investigation and denies your claim while you are left without a limb or an eye and no job.
Crushed Body Parts
Crushed body parts are a gray area for most long term disability policies. While you will certainly be out of work for quite some time while the bones and tissues are repaired and healed, you may not be out of work indefinitely. Your initial claim for this type of injury may be denied until you can further prove that you will not be able to work ever again after the injury has healed. If you are also denied short-term disability benefits, your lawyer will need to pursue both claims for benefits simultaneously, since it may take several months to get one or both of these claims to pay out.
Temporary Work-Related Injuries
Temporary work-related injuries, including temporary blindness, temporary deafness and raw skin as a result of a chemical burn or spill may also be denied long term disability benefits. The temporary-ness of these injuries, as determined by a doctor, will cancel out any claim to long term benefits. However, given that these work-related injuries are present and do hamper your ability to work in the short term, you should be able to file, qualify and receive short term disability benefits. If not, your lawyer can file a lawsuit against your employer, the insurance company, or both.
For more information, talk to a lawyer like Scott E. Shaffman Attorney At Law.Share