Disability

If you or a loved one has been injured or suffers from a disability that prevents you from working, there are many insurance programs available that provide disability benefits to replace your lost income. Unfortunately, these benefits are often wrongfully denied with little or no justification. This can put significant financial stress on individuals and their families. At QWK, we ensure that our clients receive the maximum disability benefits they are entitled to.

Each type of benefit that is potentially available has a different test for qualification. One of the most common forms of disability benefits is long-term disability benefits. In the case of an employee who has been injured and can no longer work, there is generally a group insurance policy available through their employer that provides them access to these benefits. The amount of benefits, length of coverage, and terms can vary from policy to policy.

Generally, when a person’s injuries or illness prevent them from being able to perform their job duties they are entitled to a percentage of their yearly income in the form of monthly payments. Insurer’s often define the term “total disability” as an inability to complete the duties necessary for their current job for the first two years of the disability period. After two years, the test commonly changes to require the individual to be unable to perform any type of job for benefits to continue.

Any physical, emotional, psychological or cognitive injury or condition that prevents you from being able to work can trigger a disability claim. This includes injuries suffered from a traumatic event as well as those from degenerative conditions or illnesses that are not linked to a traumatic event. A list of some common injuries and conditions includes:

It can be disheartening and humiliating to have your disability claim denied. Delayed and denied payments can have significant consequences on family finances and lead to devastating consequences. The specific legal tests for access to benefits varies depending on the nature of the benefit claimed and the application process can be highly technical. Incorrectly filed forms or submission of documents can lead to denials from insurance companies and delayed payments. For these reasons, it is usually best to involve a lawyer in the disability claims process from the outset of your claim. If the insurance company has denied your claim, it is almost always necessary to involve a lawyer to sue the insurer for the denied benefits.

Our lawyers are available for free consultation and assistance with all manner of disability claims. We start with a full intake process including review of medical documentation to determine the benefits you have access to and how we can get the maximum compensation you are entitled to.