Oklahoma Residents – Get Assistance from Expert Long-Term Disability Insurance Lawyers
While Capitan Law is not licensed to practice in Oklahoma courts, our long-term disability lawyers assist disabled Oklahoma 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 Oklahoma 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 Oklahoma 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 Oklahoma
Understanding long-term disability laws can seem daunting, especially when federal and state laws intersect. However, there’s a significant player in the mix: the Employee Retirement Income Security Act, or ERISA.
ERISA is a federal law established to protect employees who are part of pension and benefit plans, including long-term disability benefits. Because ERISA is a federal law, it takes precedence over state law, meaning any Oklahoma laws regarding long-term disability insurance must comply with federal regulations. This concept is especially crucial for businesses operating in multiple states, as it provides a standardized set of rules.
Oklahoma Eligibility Requirements for Long-Term Disability
Understanding long-term disability eligibility in Oklahoma starts with recognizing who sets the criteria. Here, the insurance providers define the standards for these policies, not the state. This means that while most full-time employees qualify for long-term disability insurance if their employer offers such a benefit, the fine print varies depending on the provider.
The broad nature of these policies doesn’t mean they’re all-encompassing. There are typical exclusions to watch out for. For instance, many policies exclude coverage for pre-existing conditions, self-inflicted injuries, disabilities arising from criminal activities, and conditions stemming directly from substance abuse. These exclusions emphasize the importance of carefully reviewing any policy you’re considering or already have.
Given the intricacies of these policies and their pivotal role in making the future financially secure, seeking legal counsel is a wise choice. The long-term disability attorneys at Capitan Law can provide clarity and help ensure you’re well-informed about your coverage options.
Oklahoma’s Definition of Long-Term Disability
Terminology and definitions play pivotal roles in any long-term disability claim, and understanding them is crucial. When considering long-term disability in Oklahoma, it’s essential to grasp what precisely qualifies an injury or illness as “long-term.”
By standard benchmarks in Oklahoma, a long-term disability is any injury or illness that completely prevents someone from working for an extended period. The majority of the time, this duration is at least six months. For example, the plan for public employees in Oklahoma says long-term disability benefits kick in after 180 days.
However, it’s essential to note that not all insurers use the same measuring stick. Some insurance providers might set the bar a bit higher, requiring a disability to last a full year before they classify it as long-term. Finally, many insurers make exceptions for terminal disabilities that may not last six months or a year, though this is not a universal rule.
Long-Term Disability Benefits in Oklahoma
Long-term disability benefits in Oklahoma can differ significantly depending on the employer and the insurance provider backing the policy. There isn’t a one-size-fits-all policy, but some benefits are more common than others. Here are the most prevalent long-term disability benefits found in many policies:
- Income Replacement: The most vital component of long-term disability policies, these benefits usually replace a portion of the insured’s salary. The specific amount varies by policy, often between 50 and 70 percent of the insured’s pre-disability earnings.
- Waiver of Premium: If you become disabled, some policies might waive your premium payments during the period of disability.
- Cost-of-Living Adjustments (COLA): To counteract inflation, some policies offer COLA, which increases the disability benefit amount over time.
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 Oklahoma, call us at (267) 419-7888 for assistance with filing for benefits.