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New Orleans Short-Term Disability Insurance Lawyer

New Orleans Short-Term Disability Insurance Lawyer

An illness or injury that affects or removes a person’s ability to work might have a long-lasting effect upon their life, both financially and personally. Whenever a worker has a short-term disability insurance policy, that coverage might provide essential income during a time of need.

The insurance companies that administer these policies often make their profits by collecting premiums but denying claims. This could negatively impact a policyholder’s finances while they are out of work and unable to provide for themselves or their family.

If you are seeking short term benefits after suffering from a debilitating injury or illness, a New Orleans short-term disability insurance lawyer may be able to help. A tenacious ERISA attorney could help you to better understand relevant insurance policies and your legal options going forward.

How a Short-Term Disability Insurance Policy Works

Essentially, a short-term disability insurance policy provides payment to workers who are left unable to perform their jobs as the result of an illness or injury. In some ways, this is similar to a workers’ compensation policy.

It should be noted that a key difference is in how the incident occurs. While a workers’ comp policy provides protection in case of an on-the-job incident, short-term disability policies cover any injury or illness that does not happen while at work. This injury may also be either physical harm or a mental health issue, so long as it is so severe that it prevents an employee from returning to work.

The duration of missed work needed to receive benefits varies policy-by-policy, as does the potential length of any available benefits. A short-term disability insurance attorney in New Orleans could help examine the terms and nuances of a specific policy and evaluate any reasons for the issuance of a denial letter.

Protecting a Claimant’s Legal Rights

While it may be disheartening, a denial of an application for short-term disability benefits does not mean that a person cannot ever receive aid. A denial letter must provide a written reason for the denial, as well as instructions for how to file an appeal.

A federal law known as the Employee Retirement Income Security Act (ERISA) states that all employer-provided benefit plans should maintain and follow an internal appeals process for all insurance disputes. Since many policyholders request benefits through their jobs, it is likely that ERISA is relevant in many cases involving short-term disability insurance.

ERISA often requires a claimant to exhaust all internal appeals processes before asking a court to intervene, which often greatly extends the duration of the dispute process. In response to this, a tenacious and hardworking attorney could help an applicant in New Orleans identify and then progress through the necessary appeals processes for short-term disability insurance.

Once in court, a plaintiff seeking short-term disability payments could refer to the outlined benefits listed in their policy that their insurance company was supposed to pay. Under certain circumstances, a person might also allege that an insurance company acted in bad faith by violating Louisiana Revised Statutes §22:1973. Either method might result in a successful collection of benefits, and an ideal course of action could be discussed with legal counsel.

Let a New Orleans Short-Term Disability Attorney Help

Many employers use short-term disability policies to lure top talent to their organizations. Unfortunately, a claimant actually filing for benefits due to a short-term disability might encounter numerous obstacles, which may include questions of whether the injury was work-related or if the incident occurred before the policy took effect.

Whether helping to gather essential evidence for a claim or working to file an appeal of a denial, a New Orleans short-term disability insurance lawyer might prove to be a valuable asset who could protect your legal rights. To get started on your claim, call today.

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