Serious injury that results in disability, or may result in disability, should trigger an early and thorough analysis of the client’s rights and obligations with respect to employment and other disability benefits.

 

All too often, seriously injured clients face bankruptcy, eviction, and worse, during the pendency of their PI case and this kind of harm and resulting desperation isn’t necessary. There is much that can be done to protect our client’s continued employment, or at least to tide them over with continuation of benefits and/or wage replacement. Finding these supports is not only a huge added value that injury and workers compensation attorneys can provide to their clients, but it also improves the outcome of the client’s case.

 

Your documentation can help reduce the stress of lost work and benefits

Clients who are not under the stress of potential job loss and financial ruin are better able to hold on for the right outcome. More, they are less likely to suffer anxiety and depression and more able to assist in their litigation with calm and credible presentation. In addition, the ability to document a client’s injuries in their medical records is a critical component to success. All too often we hear that injuries and symptoms that don’t appear in a doctor’s record are assumed not to exist. Unfortunately, this kind of documentation requires access to care and insurance and a person who is injured, out of work and just scraping by, may not have the money to keep their insurance going or to pay out of pocket for expensive medical appointments. All too often, injured people wait to get treatment because they can’t afford it.  Its understandable, but putting off medical care can not only weaken the legal case, but more important, it can result in longer periods of disability and tremendous stress on clients and their families. The longer the period of time out of work, the longer the client goes without money or benefits and the cycle continues.

 

Review your employment and disability plans with a qualified attorney

A serious injury can spiral out of control quickly. In fact serious injury or illness is one of the top reasons people lose their homes and declare bankruptcy in this county. It also accounts for a high percentage of diagnosis of depression and anxiety and pulls families apart under the weight of worry, uncertainty and financial burden. By helping our clients to understand and take advantage of their rights under employment and disability plans, we can often find income streams or insurance assistance that can make all the difference. It doesn’t take away the injury or illness or relieve the disability, but it can help and sometimes a little help is all a person needs to hang on.

 

Uncover benefits through employers or personal insurances

With a little creativity, we can often uncover income or benefits that can be just enough to tied a person over while they wait for their case to resolve.   Of course, we can only work with what is available and the ability to help in this way ultimately depends on what benefits, if any, a person is eligible for through the employer or through their own purchased insurances.  Sometimes there aren’t any insurances or the employee is not eligible. However, you don’t know if you don’t ask and a personal injury attorney can be the guide and advocate for this inquiry. With a thorough investigation into the available rights and benefits under the law and through consideration of private insurances and employer policies, an attorney with knowledge and experience in employment law can help their client to uncover the possibilities and then to access and coordinate those benefits where they exist.

 

It is important to conduct this analysis at the very outset of representation as this increases the benefit to your client, but also because there are elections (sometimes you have to choose one benefit over another) and time limits known as Statue of Limitations (SOLs) that exist with some benefits. Moreover, if possible, and with time limits in mind, it is best to assess all of the available benefits and coverages before initiating any application, to avoid unwitting mistakes. This is because, as above, some benefits and coverage can be combined and/or coordinated to supplement each other, while others may result in an election or offset or lien that would reduce the amount of money that ultimate goes to the client. It is also imperative that the client making concurrent claims under different coverages have the assistance of counsel to avoid inconsistent language in the applications or pleadings which might limit eligibility.

 

A basic checklist for maximizing injury benefits might include consideration of the following:

• Is there a union contract?
• Is this a work injury?
• What are the employer’s leave policies?
• Does your client qualify for FMLA, ADA or RSA 354-A protections?
• Might your client qualify for SSDI or SSI if this disability lasts for more than 12 months?
• Would your client be eligible for Medicaid?
• Is there a STD or LTD policy available?
• Does your client have mortgage or car payment disability coverage?
• Is your client eligible for a pension or retirement plan that has a disability component such as NHRS?
• Is your client eligible for unemployment benefits?

  

At Rice Law Office we work with clients and attorneys to leverage our knowledge and experience in employment law to maximize recovery for clients suffering from serious injury and illness resulting in disability. If you have questions about whether you or someone you know might benefit from legal representation in a case involving employment and injury, we offer FREE phone consultations for injury cases and we would be happy to speak with you to provide an evaluation of your case.