WHAT BENEFITS AM I ENTITLED TO BESIDES SOCIAL SECURITY DISABILITY?
Workers in New York who become disabled have a number of different ways of being compensated for their injuries. Not every disabled person has the full range of benefits open to other workers. Some benefits are mandated by federal law and some by the law of New York State. Other benefits are not mandated by law, but are contract benefits negotiated for the worker by his union. Finally, some benefits are given to the worker by his employer as part of the employer's particular compensation policy. If you become disabled you should first speak with your union representative, if you have a union. You should also read your company's employee handbook (if it has distributed one) and speak to the human resources department about what benefits are available. Many unions and employer human resource departments will be able to give you advice about benefits mandated by law and by contract. However, if you feel that you are not being fully informed you should speak to a lawyer at once.
If your disability is caused in any way by your work, you may be able to file a workers' compensation case, along with a social security disability claim. In addition, if your accident was caused by a general contractor, subcontractor, or other party who is not also your employer, you may be able to file a personal injury lawsuit, and also workers' compensation and social security disability claims.
The Family Medical Leave Act (FMLA) may be available to you to protect your job, or your right to a similar job, as well as your employee benefits, for up to twelve weeks. Although it does not protect your right to a salary during this time, it may be a great comfort to you to know, assuming you can get back to work within twelve weeks, that a job is waiting for you. Your company must have fifty or more employees or have an office outside of New York State as well as in-state, for you to demand the protection of the Family Medical Leave Act. Check your employee handbook and speak with your human resources director.
In addition, you may be entitled to six months of benefits through a short-term disability policy carried by your employer. These plans are often limited in what you can recover, but they always offer valuable benefits. Short-term disability is usually given for off-the-job disabilities, but in some cases will give you benefits if your workers' compensation case is being contested. Again, if your union or human resources department is not communicating your rights clearly with regard to short-term disability, you should speak with a lawyer at once.
Finally, either through a union contract, or as the result of company policy, you may be able to use your sick, personal, and vacation time when you are disabled. If your disability is work-related, you may be entitled to have your sick/vacation leave restored to you after you have won your case. This is another matter that should be taken up with your union and/or human resources director.
Remember that there may be other federal, state, and contract benefits available to you apart from the ones above, depending on your particular circumstances. Also remember to consult an attorney if you do not feel confident that you are getting the full range of information from your union and/or human resources director.
IF I THINK I WILL NEVER BE ABLE TO RETURN TO WORK SHOULD I TELL MY BOSS?
Social Security Disability benefits are only awarded to those people who can prove that they have a total disability. However, the social security law is written in such a way as to encourage people to return either to their old jobs, or to a new, lighter-duty job, as an experiment, without jeopardizing their right to further benefits if they find that they are simply too disabled to work.
To receive Social Security Disability benefits you do not have to formally resign from your job. However, your boss may be pressuring you for a firm decision whether you are returning, or your boss may be attempting to negotiate a severance package with you, or you may be entitled to other benefits that are contingent on a formal resignation.
If any of these circumstances arise, you should always keep in mind that formal resignations often have very serious legal consequences. If you are thinking of resigning, even a casual conversation with your boss or human resource director or union representative can have serious repercussions if you have an ongoing workers' compensation and/or personal injury case. In that event, you should speak with your lawyer first before beginning the process of having even casual conversations at work about resigning. If you do not have an ongoing workers' compensation and/or personal injury case, you should still exercise great care in any spoken, and especially written, statements you make. Speak with your union representative if you have one, and carefully go over your options with your human resources director. Remember, even if you have no ongoing case except for social security disability, you have the right to consult with a lawyer regarding the ways and means of resigning from your job.
SHOULD I BE WORRIED IF THE SOCIAL SECURITY ADMINISTRATION SENDS ME TO A DOCTOR?
Sometimes, in evaluating whether you have a total disability, the Social Security Administration may seek to clarify questions it has about your condition by sending you to its own consultant. Although, unlike a workers' compensation or other insurance IME, who is being paid by your adversary, this doctor will examine you in a strictly advisory role. However, to state that the consultant is a "neutral" medical examiner would be an oversimplification, without knowing more about that particular doctor's assumptions and prejudices. However, if you disagree with the doctor's statements or conclusions, you have the right to question him about his opinion. With good questioning, any distortions of the facts or prejudice in the conclusions are likely to be revealed to the Law Judge hearing your case.
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