If you were recently injured in an accident, and the accident prevents you from working, you may be eligible for long-term disability benefits. However, many people get the two types of long-term disability benefits confused. One type is provided by your employer while the other is provided by the Federal government. Here is how they differ and which one might pay out faster and easier on your claim with a long-term disability attorney's help.
Long Term Disability Insurance Benefits from Your Employer
This type of disability benefit is part of the insurance and benefits package provided by your employer. There are certain limitations on most of these policies which could prevent you from accessing the benefits:
- Length of employment with your employer
- Enrollment in this insurance prior to the accident
- Effective date of coverage
- Proof that the sustained injury occurred while you were on the job and that the injury or accident was job-related
- Medical proof or statements from your doctors that show you will not be able to work for a month or more
Depending on the stipulations set forth in this particular work benefit, there may be other criteria that you have to meet before the insurance benefits can be paid.
Long-Term Disability Benefits from the Federal Government
This type of benefit is available to you if you have a sustained injury that keeps you from working for three to six months or more. You must be completely unable to perform any task that would provide you with sustainable income, as defined by the Social Security Disability office or website. Your injuries do not have to be work-related, although that is typically how many people become disabled enough to meet the federal criteria to claim this benefit (e.g., blinded by chemicals, limbs lost due to machinery accidents, etc.). You will need to file your claim for the government disability benefits via the website or go to your nearest Social Security office for an appointment because your employer has absolutely nothing to do with this benefit filing and claim process.
Which Type of Benefit Might Be Quicker and Easier to Acquire
If you obviously meet all of the criteria for your employer's disability insurance benefits, but the company refuses to pay on your claim, this is often the easier and faster route of obtaining your compensation. If your injuries are quite significant (e.g., complete loss of sight), you can simultaneously file for benefits with the Social Security office as well. However, a lawsuit with your employer's insurance provider is often shorter in duration because private insurance companies may want to resolve the dispute out of court to save time and money. The Federal benefit program, however, may take two to six months just to get an initial decision, and unless your injuries are substantial or life-threatening, your disability lawyer may have to file one or more appeals.
