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Where to Turn When You Become Disabled
By Karen Hambleton, Esq.
A disabling injury or illness can leave you unemployed and financially strapped. An experienced attorney in disability law and related fields -- workers’ compensation, Social Security disability, short or long-term disability insurance -- can help protect your rights and maximize your benefits. For the cost of a phone call, you can learn which system will work best for you. The following is an overview of some of your options.
Workers’ Compensation Benefits
The law requires all employers who do business in Massachusetts to carry workers’ compensation insurance for their employees. If you are injured on the job, you should immediately report your injury to your supervisor and seek appropriate medical care. Do not take the advice of a few unscrupulous employers who tell their injured employees that “they will take care of them” in exchange for not properly reporting an injury. Eventually, a decision not to report a work injury will only hurt you in the pocketbook.
Make sure to give an accurate description of the work injury when you first go to the doctor or the hospital emergency room. Inaccurate or incomplete histories in medical records may be difficult to explain later. Continue to report the work injury accurately to all medical providers, including doctors, nurses, and therapists.
Your employer is legally required to notify its workers’ compensation insurer of your injury. Upon notification, the insurance company is obligated to notify you by mail within fourteen days about whether your claim will be paid or denied. If the insurance company decides to pay your claim, you will begin to receive weekly benefits checks, and your medical bills related to your injury will be covered. Workers’ compensation benefits are not open-ended, however, and at some point it is likely that the insurance company will notify you that your benefits are being stopped, even if you still remain unable to work. When that happens, you will need the assistance of an experienced attorney to help you navigate the workers’ compensation legal system. You can be sure that the insurance company has its own lawyer.
Not all work-related conditions are the result of a specific on-the-job injury or trauma. Some, such as carpal tunnel syndrome and other repetitive injuries, come on gradually due to daily job duties. You have the right to workers’ compensation benefits for these types of injuries as well. Again, report the injury to your employer when you develop symptoms of a chronic, work-related condition, and seek medical attention. Always tell your physician about your work duties and how these have affected you physically and emotionally.
At some point it is likely that your claim will enter the legal system, which will require the help of an experienced workers’ compensation attorney. I am available at my office or by cell phone to help you and your family at what is sure to be a stressful time in your life.
Social Security Disability Benefits
Deductions from your paychecks are paid into the Social Security system for your future retirement. But did you know that you are covered under the same system if you cannot work and expect to be out of work for a year or longer? The Social Security Disability Insurance (SSDI) program is a federal benefit available to individuals who meet the contributions requirements and who are injured or ill for twelve months or longer. The program pays a monthly benefit to the disabled individual, and may include an additional benefit for dependent children. Need-based Supplemental Security Income benefits may be available if you do not meet the contributions requirements for SSDI benefits. Although there is no requirement that your disability be related to a workplace injury or illness, you must meet certain rules and regulations established by the Social Security Administration. Attorneys such as me who are experienced in Social Security law can help you with your needs and questions.
Long or Short-Term Disability Insurance
Over the years you may also have paid premiums for a private short or long-term disability insurance policy. These benefits can help fill the breach when you unexpectedly become unable to work. Make sure you have a policy handbook and information about how to contact the insurance company when the need arises. Often, as time passes, sound legal advice may become necessary to help protect your rights.
Karen Hambleton, Esq.
Karen S. Hambleton, Esq., has over fourteen years of experience helping clients with workers’ compensation, Social Security disability, public employee retirement and related legal issues. She can also help you win unemployment benefits if you have been ufairly denied. For the cost of a phone call, she can help you with all your legal needs in these areas. 34 Welby Road, # 103
Two convenient locations:
New Bedford, Massachusetts 02745
Off Route 140, Exit 5
420 Washington Street, Suite 400
Braintree, Massachusetts 02184
Please call her at 508-207-0282, or 781-848-8886 for a free consultation or visit:
www.hambletonlaw.com
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