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Do I need a employment law lawyer to get job back and claim for Long Term Disability employer paid benefit?

Westminster, CA |

It a workercomp case, and it was settle w/ future medical care. doctor release me back to work but employer did not offer me a modified job and they will terminate my employment due to leave expired. Am I qualified for company paid Long Term Disability? Thank you.

Attorney Answers 3


  1. Your post provides no facts to allow us to provide an answer to any of your questions.

    An employer has an affirmative duty to work with you interactively to determine if your restrictions can be reasonably accommodated without undue hardship to the company. If there is a reasonable accommodation that would allow you to perform the essential functions of your normal occupation, or that would allow you to take another open position for which you are qualified and able to perform with your restrictions, with or without accommodation, then the employer is required to do so. If not, the employer is allowed to terminate you.

    If you simply need more time to heal, and there is a defined time your doctor believes it will take to achieve that goal, the employer may be required to extend additional unpaid leave to you if that does not create an undue hardship on the employer.

    Whether or not you qualify for the LTD plan benefits will depend on the definition of disability in the policy and the nature and extent of your condition.

    All of these issues are very factually intense and require substantial review. It is therefore important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. Too many unknown facts make it difficult to provide useful guidance on your issue. You should speak with a local employee benefits attorney about your LTD options.


  3. I'm not an employment lawyer, I'm an employee benefits lawyer, so I can't really say if you might have a claim to get your job back, or a claim for damages due to wrongful termination. What I can say is that you might have a claim for long term disability benefits (LTD), but it really depends on the terms of your company's plan, and it is almost certainly going to be offset by any benefits you get from other sources (like worker's comp and Social Security disability). But if your disability has left you unable to perform your occupation (without restrictions the employer won't accommodate), then it would probably we worth at least filing a claim. If it's denied, talk to an employee benefits attorney.

    Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. The answers provided on Avvo.com are for information purposes only, and should not be relied on as legal advice. This answer does not create an attorney-client relationship between us. In some jurisdictions, this answer may be construed as attorney advertising.

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