Author Archives: Site Administrator
If you were injured at work, and your employer had more than four (4) employees on the date of the accident, you must report the injury to him or her and request a Notice of Injury or First Report of Injury be completed. An injury must be reported to your employer within thirty (30)… Read More »
All too often clients arrive at our office who have been injured in an accident thinking they have “full coverage” on their automobile only to find out that the coverage they have is something much less than full coverage. Many people reject certain types of coverage without realizing that they are rejecting very important… Read More »
Most of the time, workers’ compensation is your only remedy for a work related accident. However, Section 440.11(1)(b)(2) provides that the employer can be held liable for accidents above and beyond their workers’ compensation coverage if the following is met: The employer knew of the danger. Knowing of the danger can be met by… Read More »
Our roads and highways are the scene of more than 500,000 automobile accidents per year. Insurance companies pay billions of dollars to fix these cars, often through a process called subrogation in which each diver’s insurer pays for repairs minus deductible. The question as to who is at fault or blame is left for… Read More »
You can appeal a denial without an lawyer but you should be aware that during the administrative appeal you have the burden to provide all of the medical evidence to support your disability claim, and once the appeal is over you typically can not go back and add additional information. It is very important… Read More »
When a claim is denied, the Plan will provide the applicable appeal procedures which you must exhaust before you can file a lawsuit claiming entitlement to the denied benefits.
The Summary Plan Description will tell you what you need to submit, which typically involves a statement from your doctor(s) as well as claims forms for you and your employer to complete.
You should specifically request a “Summary Plan Description” for any short-term/long term disability plans, and make the request in writing to the Plan administrator.
If I miss work due to an injury or illness how do I know if I have short-term or long-term disability benefits available to me?
If a disability plan is sponsored through your employer, it may be covered under a federal law (ERISA) that requires the plan administrator to provide you with the plan documents within 30 days of a written request. You can check with the human resources office at your employer to identify the plan administrator.
You may be contacted by an EEOC investigator during the investigation and asked to provide additional information in response to your employer’s “position statement”. This is a document the employer is required to file in response to your charge. In addition, once the EEOC investigation ends you have the right to request a portion… Read More »