No, you cannot be fired simply for filing a disability insurance claim. It is unlawful for an employer to terminate an employee simply because they need to go out on disability and file a long-term disability claim. This protection is rooted in Section 510 of ERISA (Employee Retirement Income Security Act), which makes it unlawful for an employer to retaliate against employees for asserting their rights under a disability insurance policy. In addition to ERISA, other federal and state laws protect employees against disability discrimination in the workplace.
Even with these legal protections, many employees feel vulnerable when a medical condition starts to interfere with their ability to work. If you are considering filing a long-term disability claim, understanding your rights and consulting with an experienced disability insurance attorney can make all the difference.
However, it is important to note one distinction: Once you are out on disability and being paid long term disability benefits (or fighting a denial of your long-term disability claim) and you have exhausted your FMLA leave, it is possible, and likely, that your employer will let you go. At this point, because you are unable to return to work due to your medical condition, your employer will let you go, either through termination or severance. That is not unlawful and does not affect your ongoing disability claim.
Why Timing Matters When Filing a Disability Insurance Claim
Filing a long-term disability claim at the right time is crucial. Missteps in the process can jeopardize your benefits or complicate your relationship with your employer. A well-timed and strategically managed disability insurance claim can ensure that your rights are protected and reduce the likelihood of conflicts with your employer.
Reaching out to a long-term disability insurance attorney with expertise in handling initial claim filings before filing your claim can provide the peace of mind and guidance you need to have a successful claim.
A long-term disability insurance lawyers can help you:
Understand Your Policy
Most long-term disability insurance policies are governed by ERISA, which imposes strict procedural rules on both the claimant and the insurance company. These policies often include complex definitions of “disability,” coverage limitations, and exclusion provisions. An ERISA attorney can clarify:
- When your benefits become payable
- What documentation is required
- Whether there are any pre-existing condition limitations or limited pay period for certain medical conditions
Coordinate with Your Employer:
Employers may become aware of your intent to file a claim, and this knowledge could lead to workplace tensions. An experienced long term disability attorney can help you:
- Determine when and how to communicate your medical needs clearly and lawfully
- Obtain necessary information from your employer
- Manage your disability insurance claim and communicate with the insurance company
Avoid Mistakes in Submitting Your Claim:
Disability insurance claim denials often result from errors in the initial application. A long-term disability insurance lawyer’s expertise ensures:
- Your documentation is complete and accurate
- All deadlines are met under ERISA guidelines
- The insurance company fulfills its legal obligations
What to do If You Suspect Retaliation
If you are concerned about losing your job because you need to go out on disability, you should:
- Consult with a long-term disability attorney immediately
- Document any suspicious changes in your job
- Keep detailed records of all conversations and actions related to your condition.
Help from a Lawyer with Expertise in Disability Insurance
This law firm was built to be a disability insurance law firm.
That focus means:
- All our lawyers specialize in disability insurance claims;
- We have experience with every major disability insurance company;
- We have won important long-term disability lawsuits.
Our disability lawyers can help you with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
Hiring an experienced disability attorney is important. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state.
Call for a free consultation with an experienced disability attorney. Pay no fees or costs unless you get paid.