Ohio Residents – Get Assistance from Expert Long-Term Disability Insurance Lawyers
While Capitan Law is not licensed to practice in Ohio courts, our long-term disability lawyers assist disabled Ohio 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 Ohio 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, your experienced long-term disability insurance lawyers, guide you through the application process of 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.
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 Ohio 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 Ohio
When diving into the complex world of long-term disability laws, especially in Ohio, knowing the framework that governs these rules is imperative. A pivotal piece of this framework is the federal Employee Retirement Income Security Act, commonly called ERISA. ERISA is a federal law that sets minimum standards for benefits plans in private industries.
Now, you might wonder, “If I live in Ohio, shouldn’t Ohio laws determine how my long-term disability benefits are handled?” It’s a valid thought, but this is where ERISA comes into play.
Federal laws “preempt” state laws, meaning they take precedence or priority over state laws. This is the case with ERISA and long-term disability laws in Ohio (and all other states). Even if Ohio wanted to set its own rules about long-term disability benefits, ERISA would override those rules. For the residents of Ohio, this means one key thing: all long-term disability insurance plans provided by employers must align with ERISA standards.
Ohio Eligibility Requirements for Long-Term Disability
The insurance providers set the eligibility criteria for long-term disability policies in Ohio. While eligibility standards vary among providers, most full-time employees qualify for long-term disability insurance if their employer offers such a policy. However, it’s crucial to read the fine print. Even if your employer provides a long-term disability plan, understanding the specifics of that plan is paramount. There are certain conditions and circumstances that many insurers exclude. Some disabilities that insurers might not cover include:
- Pre-existing conditions
- Self-inflicted injuries
- Disabilities due to substance abuse
- Disabilities from criminal activities
- Some mental disorders
Ohio Definition of Long-Term Disability
Most insurance providers in Ohio define a long-term disability as a medical condition that wholly prevents an individual from carrying out their work duties for an extended period. The typical benchmark for this “extended period” is at least six months. However, it’s crucial to note that the definition doesn’t end here. Some insurers stipulate that a disabled worker can’t collect benefits unless their disability has already lasted or is expected to last at least a year.
Some severe disabilities, while not necessarily lasting six months or more, can be life-threatening. Recognizing the gravity of such conditions, many insurance providers make exceptions and allow policyholders to collect their benefits before they reach the six-month threshold. This is not a universal rule, though, so make sure to review your policy before counting on these benefits.
Long-Term Disability Benefits in Ohio
It’s paramount to note that long-term disability benefits can differ significantly among employers and insurance providers. But even amid this variability, there are some common benefits that many long-term disability policies in Ohio include, such as:
- Income Replacement: These benefits range from 50 to 70 percent of your regular salary, ensuring you have a steady financial flow even when you can’t work.
- Cost of Living Adjustment (COLA): To combat the effects of inflation, some policies offer a COLA increase, adjusting your benefits to align with increased living expenses.
- Waiver of Premium: If you’re receiving long-term disability benefits, some policies may waive the requirement for you to continue paying premiums.
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 Ohio, call us at (267) 419-7888 for assistance with filing for benefits.