What Are Long-Term Disabilities?
A long-term disability is an injury, illness, or medical condition which has the potential to put an employee out of work for an extended period of time. It is important to note that the definition of what is a long-term disability may vary by insurer and/or employer.
Long-term disabilities typically include conditions which will last at least several months. Examples of a long-term disability may include:
- Chronic or recurring illnesses;
- Serious conditions requiring multiple or extended surgery treatments;
- Seriously debilitating conditions;
- Situations involving multiple injuries; and
- Job-related repetitive stress injuries, including carpal tunnel syndrome.
How Are Long-Term Disabilities Processed?
In many employment situations, an employer will provide insurance for employees who have incurred long-term disabilities. Some employers may be more willing to provide long-term disability insurance because short-term disability issues are often covered by an employee's own medical package.
There are also some states which require an employer to provide employees with a certain amount of coverage for both short-term and long-term disabilities. It is important not to confuse a long-term disability with a permanent disability.
When an individual has a permanent disability, they, in many cases, are unable to return to work due to their condition. A long-term disability, on the other hand, can be very serious, but there is still a good chance that the individual can return to their job eventually.
Social security disability insurance typically covers only total and permanent disabilities. This includes life-threatening diseases as well as other conditions.
Pursuant to social security laws, certain long-term disabilities may qualify an individual for limited coverage. In general, these disabilities are required to have effects which last at least one year.
The Difference between Short-Term and Long-Term Disability
Disabilities in the context of employment are typically divided into short-term and long-term categories. Short-term disabilities are disabilities which are temporary in nature.
Short-term disabilities often allow the injured employee to return to work after their recovery period. Generally, these types of disabilities are typically moderately serious and non-threatening illnesses or injuries.
Examples of injuries or conditions which may constitute short-term disability status may include:
- Minor injuries that heal within a short period of time;
- Injuries or conditions which are corrected by surgery or therapy;
- Sprains or muscle strains;
- Minor fractures or broken bones;
- Specified illnesses; and
- A wide array of on-the-job injuries.
In general, in order for an injury to be considered an on-the-job injury, it must arise out of the individual's employment and also must occur during the course of their employment. This means that the injury must have occurred at the work site and during a period of the individual's employment.
In addition, there should be evidence of some type of relationship between the injury and the job description. There are three main classifications of on-the-job injuries, including:
- Specific events which includes a one-time event or trauma, such as when a construction worker falls off of a ladder;
- Cumulative trauma, which is caused by repetitive movement or work, including conditions such as developing carpal tunnel syndrome due to excessive typing or losing hearing as a result of working with very loud machines; and
- Occupational diseases, or diseases which are caused by being exposed to substances at work, including lung disease caused by asbestos exposure.
It is important to note that state disability programs as well as insurance companies may have different criteria for determining what qualifies as a short-term versus a long-term disability. Disability definitions and applications may also vary by state.
Processing Long-Term Disabilities
In many instances, employers will provide insurance for employees who have incurred a long-term disability. An employer may be more willing to provide long-term disability insurance because short-term disability conditions are often covered by an employee's own medical package.
There are some states which may require employers to provide a certain amount of coverage for their employees for short-term and long-term disability. It is important to be aware that a long-term disability should not be confused with a permanent disability.
When an individual has a permanent disability, they often are prevented from returning to their job due to their condition. In contrast, a long-term disability may be extremely serious but individuals may still have a good chance of returning to work eventually.
Social security disability insurance typically only covers total and permanent disabilities. These disabilities include life-threatening diseases as well as other types of conditions.
Certain long-term disabilities may qualify an individual for limited coverage under social security laws. The condition is generally required to have effects which last at least one year.
The Difference between Total Disability and Partial Disability
In some cases, a short-term disability may only involve a partial disability. This may allow the employee to work part-time or a limited capacity.
Partial disability is any type of disability in which an employee is unable to perform at their full physical capacity. These types of disabilities are commonly due to an injury that was sustained on the job or an illness.
Total disability, on the other hand, is a condition in which the employee is prevented from performing any work at all as a direct result of the injury or condition. In general, total disability is defined as the loss of the use of both of an individual's:
- Legs;
- Arms;
- Hands; or
- Eyes.
Total disability can also be defined as the loss of the use of any two such parts, for example, one leg and one arm. Total disability can also include impairment due to a serious occupational disease.
Some Other Issues to Consider Regarding Disability
Short-term disability and long-term disability can also refer to the manner in which benefits are paid out. For example, a short-term policy may only make payouts over a few years.
In contrast, a long-term insurance policy may extend payouts over several years. There are also differences between total and partial disability, as noted above. These categories refer to the degree that the individual's disability affects their ability to work, not necessarily whether their disability is short-term or long-term.
It is common for a dispute over disability definitions to require legal action to be resolved.
Filing a Lawsuit over a Disability Issue
In some cases, it may be possible to file a lawsuit over a disability issue. The majority of disability claims are handled through state agency or federal agency investigations.
However, in the event that these investigations are not helpful, an employee may be required to file a lawsuit in order to recover damages. This is especially trust in cases which involve other legal issues such as fraud or a breach of insurance contract.
An employee may then be able to obtain legal remedies including a damages award to help cover their lost wages and other costs related to the injury.
How Can a Lawyer Help Me With Long-Term Disability Claims?
It is essential to have the assistance of an worker's compensation lawyer for any long-term disability issues you may have. A long-term disability issue may be difficult to classify under state and federal social security laws.
Your attorney can advise you regarding the laws in your state as well as advise you whether your condition qualifies. In addition, if you have to file a lawsuit or another type of legal claim, your attorney will represent you in court if you have to appear.
Call our office today at 212-994-7777 or complete the convenient online contact form to set up a consultation.
