Short Term Disability

Short Term Disability Benefits

You are going to be out of work because of an injury or illness. Your employer provides short term disability benefits to you. The good news is that many short term disability plans are not always governed under ERISA. For the disabled worker this is a distinct advantage because that means if you are treated unfairly your state law remedies are preserved. You may have a right to jury trial and multiple damages depending on the state laws where you live. Even if a short term disability plan states that ERISA applies, this in fact may not be true.

The United States Department of Labor has deemed certain plans, in which the employer pays benefits out of its general funds, to be "salary continuation plans" or "payroll practices plans" that that are free of ERISA. 29 C.F.R. 2510.3-1(j). In general, to fall within the "safe harbor" of this federal regulation, the STD plan must pay to the employee: (1) his or her "normal" compensation; (2) participation in the STD plan is voluntary; (3) the payments are made from the general assets of the employer; and (4) the employer does not receive extra compensation for providing this benefit. The process for obtaining benefits under this exemption may be governed by contract, or the Wage Act in your state. ERISA section 502, 29 U.S.C. section 1132 will not control whether you are ultimately paid. 

The process of seeking short term disability benefits is similar to long term disability benefits. Jonathan M. Feigenbaum can help you apply for short term disability benefits or assist you with an appeal or litigation if your application has been denied. Many short term disability plans "roll" into long term disability coverage. This is one reason why seeking short term disability benefits may affect the likelihood of you securing long term disability benefits.

Contact Our Boston Lawyer, Jonathan M. Feigenbaum, Esquire

We offer free initial consultations. For assistance with your short term disability claim, contact Jonathan M. Feigenbaum, Esquire, in Boston, Massachusetts. We can be reached by phone at 617-367-8787 or if you do not have the time to call today, through the intake form on our Contact Us page.