(866) 615-9507

Alabama Residents – Get Assistance from Expert Long-Term Disability Insurance Lawyers

While Capitan Law is not licensed to practice in Alabama courts, our long-term disability lawyers assist disabled Alabama citizens with ERISA-governed disability insurance claims. As discussed in more detail below, ERISA is federal law. If you have a claim that is governed by Alabama law, please contact a local attorney licensed to practice law in your state to assist you with that matter.

Facing a non-work-related injury or illness can threaten your financial stability. Let Capitan Law Law, your experienced long-term disability insurance lawyers, guide you through the application process for disability insurance via your employer’s ERISA-governed policy. Be aware that this process is complex, with insurance companies often attempting to minimize or deny benefits owed.

Our long-term disability attorneys will defend your rights, collate necessary evidence, and strive for the benefits you deserve. We offer free consultations, so call us at (267) 419-7888 today.

Differences between LTD Insurance and Workers’ Compensation

The main difference between long-term disability and workers’ compensation is that LTD benefits provide a partial-wage replacement for someone who becomes injured while doing something unrelated to their work, while workers’ comp is for job-related injuries and illnesses. If you are injured at work, you may still be able to apply for disability insurance benefits depending on the specific language contained in your policy. However, if you are eligible for both types of benefits, LTD benefits are usually offset by any benefits received through the workers’ comp claim.  

Both insurance policies can come from your employer; however, not all businesses in Alabama have a legal obligation to provide long-term disability to their employees. If your employer does not offer LTD insurance, you may have purchased your own individual disability plan and paid the monthly premium. It is also possible to have a policy you purchased yourself and one provided through your employment relationship. If you sustain an injury or get sick, you’ll be able to collect benefits based on your policy type. The attorneys at Capitan Law can help you understand the options available to you and are well-equipped to help you navigate these complex issues.

Long-Term Disability Laws in Alabama

Being diagnosed with a long-term disability can be a difficult and upsetting event that introduces numerous questions and concerns, especially regarding your work and financial stability. You might be wondering, what now? Do Alabama’s disability laws protect you? If so, how? Here are some straightforward answers to your most pressing questions about long-term disability laws in Alabama.

How Does Alabama Define a Long-Term Disability?

A long-term disability, in Alabama’s legal and insurance contexts, generally refers to a physical or mental impairment that renders a person unable to perform their usual work duties for a prolonged duration. While there isn’t a universal definition, a long-term disability is often categorized as a condition that is anticipated to last for at least a year or result in death. In some cases, disability is also defined by the inability to perform any work duties, not just those of your previous job.

Importantly, the precise definition depends heavily on the context. In the case of a private insurance policy, for instance, the insurer’s definitions and stipulations apply. For state employees, the Retirement Systems of Alabama or other bodies might provide different definitions. It’s important to review the specific language of your policy or plan with a lawyer for an accurate definition of long-term disability.

What Is the Waiting Period for Long-Term Disability Benefits?

The waiting period, or elimination period, is the time between the onset of a disabling condition and the start of disability benefit payments. The length of this period can vary considerably depending on the policy. For private insurance policies, it’s typically between 90 and 180 days. This timeframe is intended to ensure that the disability is indeed long-term and not a transient condition that improves within a few months. Remember that the waiting period for your specific situation could be different, so always review the terms and conditions of your disability policy or plan for up-to-date information.

How Much Can You Get in Long-Term Disability Benefits?

The amount you can get in long-term disability benefits can differ significantly based on a variety of factors, such as your salary at the time the disability started and the specifics of your insurance plan. Private insurance policies typically offer benefits equal to about 60 to 70 percent of your pre-disability earnings. The calculation might consider your base salary only or include other components of your compensation, like bonuses or commissions. Importantly, disability benefits usually aim to replace a portion of your income, not all of it, and individual policies often have caps on monthly benefit amounts.

How Long Do I Have to File a Long-Term Disability Claim?

The timeline for filing a long-term disability claim can vary depending on the specifics of your disability insurance policy. That said, insurers typically require you to file a notice of your claim within a certain period after the waiting period concludes, often within as little as 90 days. The waiting period itself usually begins when you become disabled and are unable to work. For workers’ compensation benefits, you must file your claim within two years of the incident or the date of your last benefit payment.

Contact our ERISA Benefits Claims Experts

At Capitan Law, we comprehend the urgency of receiving LTD benefits. We work tirelessly to protect your rights and ensure fair treatment during the claims process. If you’re unable to work in Alabama, call us at (267) 419-7888 for assistance with filing for benefits.

We’ve fought the big insurance companies.
Call, chat, or message us today to get started.