Receipt of short term disability benefits while waiting for a Decision on my workers’ compensation claim
Recently, there has been a rising concern about the workers’ safety and the related compensation charges for injuries during work. Laws have been drafted and debates have taken place among the various circles regarding this issue.
A short-term disability is when you get injured which hinders you from performing your duties at the job .The entitlement to short term benefits is only when the disability is for six months or under (120 days), after that the worker is eligible for long term disability coverage.
What are the short-term benefits that I can receive?
In most states of USA, employers are required to purchase Worker’s compensation insurance policy or to provide guarantee for self insurance. There are many short-term disability benefits that a worker may be entitled to depending on the situation and circumstances. A very major condition to entitlement of these benefits is the proof that the worker has worked full time in the organization for at least a period of six months. However, normally the employers are too adamant in defying any such claims and you normally need help of a workers’ compensation lawyer. Below is a rundown of all such benefits that the later can ensure for his clients.
1) Payments for wages lost: In case of short term disability, the worker is eligible for a maximum compensation of 60% of average income that he/she would have earned, had they not been injured. However, it is only after when the claimant has used his/her sick leaves and the elimination period of 30 days has also been satisfied, that the compensation is calculated and paid.
2) Health care: If the worker is injured during the job or due to the nature of job, then the employers are responsible to pay for the entire medical care. Like in science labs or other dangerous jobs (fire fighter, police, mining, construction) the workers are always insured against potential job hazards.
3) Long term benefits: If the employee is unable to recover and the disability becomes permanent like paralysis or being handicapped, then the worker will be paid payments to cover up for the loss. It would be better for the worker to consult a workers’ compensation attorney for more thorough details and assessing the total benefits
Some things to look out for
The employer is required by law to provide info to the employee regarding his compensation coverage plan thus apprising him of his rights and responsibilities. The responsibility of the worker is to report the injury to the supervisor or to the pertinent HR department immediately. He/she should fill out the claim form and request the compensation for the employer.
The worker also needs to keep in mind that the employers are responsible to pay this compensation on their own cost; the worker shouldn’t be paying for any insurance premium. The employer cannot ask the worker to share the cost of compensation. Also if the employer fails to comply with the compensation coverage plan, then they are punishable by law by either imprisonment or a fine of up to $10,000.
When the Benefits does not apply
The short term disability benefits become void, if the injury caused was self-inflicted or intentional, act of nature, caused by war or any other incident not covered on the insurance premium.