Appealing a Denied Long-Term Disability Benefit Claim

By on 3-09-2017 in Workplace Injury

The frequency of work-related injuries and deaths during the turn of the twentieth century left many workers and their families struggling financially as injuries rendered them temporarily or permanently disabled, causing loss of earning capability while needing to shoulder medication and medical treatment costs. Fatal injuries, however, caused much more than just lost wages – these made families suffer loss of companionship too.

Two Acts, which will ensure that workers, who developed an occupational disease, were injured, disabled or, worse, killed, during the performance of their job, whether inside or outside company premises, will receive financial assistance, were passed into law during the twentieth century. The first of these laws is the Workers’ Compensation Insurance Program, which became a law starting in 1908 and which was specifically designed to cover medical expenses, wage replacement, disability, rehabilitation or healing period, or death); the second is the Social Security Act of 1935, which was designed to provide financial benefits to employees who may be suffering from a long term or permanent disability or medical condition that usually lasts for about a year or more.

Filing a long-term disability claim under the Workers’ Compensation Program can lead to much disappointment, though, as people assigned to evaluate claim applications have become more aggressive in finding faults to have applications denied.

This case is the same when filing a Social Security Disability Insurance claim, which not only takes months to have an application evaluated; there is also no certainty that an application will get approved despite the long wait and all the requirements, which includes having a disability that meets the medical criteria set by the Social Security Administration (SSA), having worked long enough in an SS-covered job and has paid enough Social Security taxes to earn the required number of credits.

In the event of a denial to one’s application, he/she has the right to make an appeal, that is, to have his/her application re-assessed.

According to disability claim appeal lawyers with Fields Disability, the steps to appeal a long-term disability claim include:

  • Getting Additional Medical Tests – Magnetic Resonance Imaging (MRI), diagnostic tests, or blood tests may help prove your medical condition. If these tests were not included in your initial claim, they can help.
  • Looking For Missing Medical Records – If important medical records were overlooked or missing when you filed your initial claim, you can include them with your appeal. It’s critical that the insurance company has the medical evidence to prove your condition.
  • Get Written Medical Opinions – Your doctors know your medical records, whether you’re able to work, and the treatments you need better than anyone. A written opinion from each of your doctors can help prove your disability or injury qualifies for long-term disability benefits.

Since there are important deadlines for filing long-term disability appeals, and preparing a long-term disability appeal takes time, one may have greater chances of winning an appeal if he/she is represented by a lawyer who is very well versed in the laws on compensation benefits.

Workplace Accidents and Injuries

By on 3-09-2017 in Workplace Injury

Employers should ensure that their premises are safe for their employees. Designers and manufacturers should be responsible enough to avoid defects from products that employees may use. Maintenance providers should do their jobs properly to avoid malfunctions and other issues related to lack of maintenance in the workplace.

If these entities fail to do their jobs, they may be held liable. According to the website of Robert Wilson & Associates, injured workers may also get compensation for the damages he or she has sustained.

Possible Damages
Injuries – The most prominent consequence of workplace accidents is injury, resulting into limited bodily functions and mental effects such as post-traumatic stress disorder.

Medical Costs – Workplace accidents resulting into injuries require treatment, and this does not come without hospital bills and other fees. Even light workplace accidents may warrant a visit to a hospital or a trauma center because of safety issues.

Loss of Earning Capability – Getting injured on the job also compromises a worker’s earning capability. He may miss time at work or may become too physically limited to perform the required tasks for his job. He may even get temporary or permanent disability benefits because of this.

Possible Faults
Finding fault for a workplace accident is relatively easy. It is important to know the direct cause of the accident and why it has happened. For example, a work company or business may be held liable if it has been proven that the dangerous condition that have led to the accident is its fault, such as failure to enforce safety procedures and give workers the adequate protective gears.

If a worker has been injured because of a defective product in the workplace, he or she may file a lawsuit against the manufacturer or designer of that product. The most common defective products include office appliances, toxic substances like chemicals, and construction tools, equipment, and machines.