Navigating Long-Term Disability Claims After a Workplace Injury in Michigan

Legally Reviewed and Edited by: Terry Cochran

A disability claim is the best way to recover the damages that come with developing a work-related long-term disability in Michigan. Long-term disabilities affect your ability to perform the work you did before the injury.

Workplace injury benefits in Michigan can cushion you against the financial strain of long-term medical bills, ongoing rehabilitation costs, and lost wages. Understanding what benefits you can access is key when seeking compensation for your workplace injuries.

Understanding Long-Term Disability (LTD)

When you are injured at work, you may be unable to work due to temporary or permanent disability. During this period, you can seek financial relief through short-term disability benefits and long-term disability benefits.

Long-term disability benefits kick in when you exhaust your short-term disability coverage, but are still unable to work. These benefits continue to replace a portion of your pre-injury income until you can return to work or when you apply for Social Security disability benefits.

The duration of your long-term benefits will depend on your coverage. Some last a few years while others can last the rest of your life.

These benefits also have additional requirements, including how much extra income you can earn while keeping your long-term benefits. These requirements may also vary based on your insurance provider.

Eligibility for Long-term Disability Benefits in Michigan

Long-term disability benefits are typically offered by private insurance companies, as opposed to social security disability benefits. Therefore, the eligibility requirements will vary depending on the insurance provider.

Generally, you must meet the definition of “disability” as determined by your provider. Having a condition that makes it impossible or difficult to work doesn’t necessarily constitute a disability.

Most long-term disability benefits have a threshold of up to two years before they change the definition of “disability”.

In the beginning, you are considered disabled if you cannot perform the duties in your own occupation. After this period, the definition of disability applies only if your condition prevents you from participating in any occupation.

Most insurance providers will list the qualifying conditions that meet the “disability” threshold. Some conditions that may be eligible for long-term disability benefits include:

• Traumatic brain injuries
• Severe back and spinal cord injuries
• Repetitive stress injuries
• Amputations or severe crush injuries
• Chronic pain conditions
• Cancer

Long-term disability insurance policies have waiting periods from 3 to 6 months. During this time, you can take advantage of short-term disability benefits or workers’ compensation benefits to replace your lost wages and medical expenses.

Meanwhile, you must also maintain detailed records of your medical condition and how it affects your ability to work.

How to File a Long-term Disability Claim in Michigan

Before you start applying for your long-term disability benefits, review your policy to determine what you are eligible for and the application requirements, including the documentation you must provide to support your claim.

Once you understand your policy coverage and terms:

• Discuss your intention to apply with your doctor, so they can assist you in performing the necessary tests and record the findings related to your condition. Request and review your records to ensure they are consistent with your symptoms and treatment.
• Notify your employer and insurance company of your disability
• Gather your documents, including medical records and employment records
• Fill in the claim forms thoroughly. Provide enough information about your work history, medical condition, and limitations. Ensure the information is accurate and consistent.
• Attach any supporting evidence and submit your claim
• Keep seeking medical treatment for your condition, as gaps in medical care can be considered signs of recovery

Common Challenges and How to Overcome Them

You may experience several challenges when completing Michigan’s claims process. Some of these challenges can derail your workplace injury compensation.

A common challenge that many applicants face is claim denial. Most first-time claims are denied, typically due to insufficient information provided during the application process or failure to meet key deadlines.

Inconsistency in your medical information can also create challenges in the claims process. To prevent this issue, provide consistent descriptions of your symptoms and limitations.

Most long-term disability insurance providers limit the amount you can recover if you have a preexisting condition. Therefore, you should have documentation to prove that your limitations are not from a preexisting condition.

How Attorneys Can Help when Claiming Long-term Disability Benefits

A long-term disability attorney in Michigan can help you maximize your benefits. Since most long-term insurance policies vary, they create unique challenges in the claims process. An attorney can help you go over your policy and apply for these benefits to ensure you’re covered.

An attorney understands the claims process and can help you apply for your benefits, increasing your chances of approval. They are also familiar with ways to make your claim as persuasive as possible.

They will also communicate with insurance companies, which can be beneficial if you haven’t dealt with insurance before. Should an insurance company deny your claim, your attorney will appeal on your behalf.

Long-term disability attorneys typically work on a contingency basis, meaning they take on your case for free and get paid when you win. This can be a relief, especially when you’re dealing with the financial costs of a disability.

Protecting Your Rights and Securing Your Future

Workplace injury benefits in Michigan offer financial stability while you’re navigating a long-term disability. Whether through a private insurance plan or an employer-supported plan, claiming long-term disability benefits can offer you some relief.

Working with an attorney when navigating the Michigan disability claim process can help you protect your rights and increase the chances of approval.

Find A Long-term Disability Attorney Near Me

If you or a loved one has a long-term disability that prevents you from working. Speak with our compassionate, knowledgeable disability lawyers at Cochran, Kroll, & Associates, P.C.. We can review your case and guide you through the claims process to help you secure your disability benefits. Contact us today for a free, no-obligation consultation.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.