By John W. DeHaan
If you believe that your work environment is affecting your health, consider the following.
First, every employer in New York is required to provide short term disability (STD) coverage, and that coverage must provide at least 26 weeks of benefits based on a percentage of your income, with a maximum benefit of $170/week. New York’s requirements provide a minimum standard; your employer can choose to provide greater coverage.
If you are disabled because of an on-the-job injury, you may be entitled to Workers’ Compensation coverage. Workers’ Compensation can provide a weekly benefit and a schedule benefit (e.g., if you lose a hand, you get a lump sum payment), along with continued medical insurance coverage for that injury.
Additionally, your employer may have long-term disability (LTD) coverage. Typically , LTD coverage provides a monthly benefit equal to a percentage of your pre-disability income (usually around 60%), less disability benefits from other sources (e.g., Workers’ Compensation, Social Security disability, etc.). Such benefits normally run until age 65, or Social Security retirement age, but they can have a different benefit period (60 months). These benefits are usually governed by the federal law known as the Employee Retirement Income Security Act of 1974 (ERISA). ERISA requires that you appeal any denial of LTD benefits to the LTD Plan or its insurer before you would be allowed to sue.
Under ERISA, the court will most likely limit its review of your claims. If you have such coverage, you should seek legal counsel as soon as possible, and not wait until you have a denial of your claim.
OTHER DISABILITY BENEFITS:
- Social Security provides disability benefits based upon your average lifetime earnings. Coverage for Social Security depends on your overall work history, and you should consult a Social Security firm for questions about this benefit.
- If you are a union member or have a pension, you many have disability benefits through your union or pension.
- Life Insurance policies often have a waiver of premium benefit for disabled policyholders.
- The Family Leave Act (FMLA) also provides you with up to 12 weeks of unpaid leave in any 12 month period to care for yourself or a family member.
There are many issues and types of disability benefits available. However, before you walk on your job or choose a disability benefits option, it is prudent to consult with a knowledgeable disability law attorney.