ERISA - Short Term or Long Term Disability

small-blue-seprated

Having a healthy workforce is essential to the progression of our economy, and our workforce slows down when employees are unable to work because of medical conditions and injuries.  As such, many employers have programs in place to help compensate employees while they are out of work through short-term and long-term disability programs.  The federal Employee Retirement Income Security Act of 1974 (ERISA) was created by Congress to govern employee benefit plans.  While ERISA does not require that an employer provide disability plans to its employees or retirees, the Act regulates the operation of a disability benefit plan if an employer chooses to establish one.

Understanding Short-Term and Long-Term Disability

Not all employers are created equal, so while some employees may be entitled to short-term or long-term disability benefits under their insurance plans, others may not.  Therefore, it is crucial to discuss disability matters with a qualified Employment Law Attorney.  Because matters involving disability from work can be complicated, it is a good idea that all employees and employers have a general understanding of what short-term and long-term disability actually means.

Short-Term Disability – If an eligible employee suffers an injury or illness that lasts between a few weeks and a few months (depending on the particular insurance plan), he or she may be entitled to receive short-term disability benefits to help with lost income.  Most insurance plans allow for an injured or ill employee to receive short-term disability benefits for a period of a few weeks or few months, depending on the insurance plan.

Long-Term Disability – If an eligible employee suffers an injury or illness that lasts more than a few weeks or a few months, he or she may be entitled to receive long-term disability benefits which will continue until the employee can return to work.  Most insurance plans provide long-term disability benefits; however, it is important to keep in mind that the amount of compensation paid will be a percentage of an employee’s weekly pay or salary – not an amount equal to the employee’s weekly pay or salary.

Act Quickly to File a Claim

If you have sustained injuries or have been diagnosed with an illness that will prevent you from working for an indefinite period of time, it is important to move quickly to file a short-term or long-term disability claim.  The longer you wait, the more difficult it may be to get approval.

Contact the Vaughn Law Firm Today to Schedule Your Consultation

If you are unable to work because of an injury or illness and believe you may be entitled to disability payments, you should consider speaking with an Employment Law Attorney who has wide-ranging experience handling all aspects of employment law.  With offices in Washington, D.C. and Decatur, Georgia, the Employment Law Attorneys of the Vaughn Law Firm have the necessary skill, diligence, and resources to provide all of their clients with the strong and dedicated legal representation they deserve.  If you would like to speak with one of our Employment Law Attorneys about your situation, contact the Vaughn Law Firm today by calling toll-free at (877) 615-9495 to schedule your consultation.