Legal Question in Employment Law in New York

Are you consider disabled within the meaning of the Americans with Disabilities Act? . . . and if so, did you request a "reasonable accommodation (?) and it was refused? These are just a few of the questions you may want to consider before resigning your employment.

This is a VERY broad question, implicating multiple areas of law.

First, every employer in New York is required to provide short-term disability ("STD") coverage and workers' compensation ("WC"). STD is for a disability that is not job related. NY STD coverage must provide at least 26 weeks of benefits based on a percentage of your income, with a maximum benefit of $170/week. New York's requirements provide a minimum standard. Your employer can choose to provide greater coverage.

WC coverage is for an on-the-job injury. If your disabled because of an on-the-job injury, you may be entitled to WC benefits. WC can provide both a weekly benefit, and a schedule benefit (e.g., if you lose a hand, you get a lump sum payment), along with continued medical insurance coverage for that injury.

Next, your employer may have long-term disability ("LTD") coverage. Typically, LTD coverage provides a monthly benefit equal to a percentage of your pre-disability income (usually around 60%), less disability benefits from other sources (e.g., WC, Social Security disability, etc.) Such benefits normally run until age 65, or Social Security retirement age, but they can have a different benefit period (e.g., 60 months). These benefits are usually governed by the federal law known as the Employee Retirement Income Security Act of 1974 ("ERISA"). ERISA requires that you appeal any denial of LTD benefits to the LTD Plan or its insurer, before you would be allowed to sue. Under ERISA, the court will most likely limit its review of your claim to the claim file, so the appeal process is of vital importance on these claims. If you have such coverage, you should seek legal counsel as soon as possible, and not wait until you have a denial of your claim.

Next, Social Security provides disability benefits based upon your average lifetime earnings. Coverage for Social Security depends on your overall work history, and you should consult a Social Security firm for questions about this benefit.

In addition, if you are in a union or have a pension, you may have disability benefits through the union or pension. Life insurance policies often have a waiver of premium benefit for disabled policyholders. The Family Medical Leave Act ("FMLA") also provides you with up to 12 weeks of unpaid leave in any 12 month period to care for yourself or a family member.

As you can see from the above, there are many issues involved with a disability claim. You should consult an attorney about your possible options.