What is Disability Insurance?

What would you do if suddenly you were unable to work due to an accident or illness? How would you be able to survive financially during your recovery? Do you know what type of disability insurance coverage you have…if any? These are important questions you need to have answered in order to protect yourself and your family financially in case of a disability.

In general terms, disability insurance is a plan that provides compensation protection in the event you are unable to work and/or earn an income. There are two types of disability insurance, private insurance, and Social Security disability insurance.

Private disability insurance is an insurance policy that can be provided by your employer, or you can purchase as an individual. Usually, it comes in the form of short-term disability or long-term disability. Short-term disability usually covers you for the first six months of your disability. If your disability continues past six months then the long-term disability insurance would kick in. In both cases, you will need to apply to your insurance company for coverage. To receive the benefits of this insurance coverage you will need to prove your medical disability prevents you from performing your past work. The benefit of this program, as compared to the Social Security disability insurance program, is that the waiting period for approval is significantly shorter. The approval for the disability coverage usually takes a significantly shorter amount of time.  Also, you only need to prove you are disabled from performing your past work.

Social Security Disability insurance is a federal program that you pay via Social Security taxes. Unlike private disability insurance, the Social Security disability insurance program is not optional. As long as you work and file taxes on your earnings, you will be paying into the Social Security disability insurance program. To obtain these federal benefits you must be out of work for 12 months or expected to be out of work for 12 months due to your disabling condition. Social Security does not provide for short-term disability. If you are out of work for only a few months your options are either your private insurance program (hopefully you signed up for one), or seeking help from your state. You also need to prove that you are unable to do both your past work and any other type of work in the national economy.

Just as a recap, Social Security Disability insurance is not optional, it does not provide for short-term disability benefits, and it requires you to show that you not only are unable to do your past work but also any other type of work in the national economy. Private disability insurance programs are fully optional, they provide more flexibility in terms of coverage for how long you will be out of work, and allow you to qualify as long as you are unable to perform the work you have done in the past.

Knowing what disability insurance you have and planning accordingly can save you and your family a lot of headaches in the future. Because of the strict regulations on obtaining Social Security disability, it is a good idea to protect yourself with a private disability program as well. Private disability programs can be tailored to meet your needs, whereas Social Security disability cannot. If you are unable to work and don’t know what to do you should call an experienced disability attorney. At the LaBovick Law Group, we make sure to provide more than just legal assistance for our clients. Call us today for your free consultation.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.