If you are currently away from your job on long-term disability, you already have a lot to worry about. Do you also have to worry about your employer terminating you? The short is that it is possible for a company to lawfully terminate someone who cannot work and is receiving long-term disability benefits. If you have questions about a specific situation, please reach out to an Illinois disability lawyer at Bartolic Law.
The web of laws governing disabilities and employment is a complicated one. There are certain circumstances under which an employer may not fire someone due to a disability, including:
If you are on long-term disability, chances are you are beyond your 12 weeks of FMLA leave from work, and there might not be any reasonable accommodations that will allow you to perform your job. If you are receiving benefits because your disability prevents you from working at all, your employer does have the right to terminate your employment.
If you are receiving long-term disability benefits for an indefinite disabling condition, it is likely that your employer will terminate your employment at some point. So, what happens to your benefits if this happens and your disability insurance was through your employer?
The good news is that this is a common scenario, and your benefits should continue. Some policies will end benefits if your termination was misconduct, but this is a rare occurrence. If you filed a valid claim while you had coverage through your employer, and the insurance company awarded you long-term disability benefits, they should continue as long as you can provide ongoing evidence of your persisting disability. Anyone who has their benefits terminated along with their employment should seek legal help immediately.
At Bartolic Law, we can help individuals who had their long-term disability benefits terminated prematurely, and we can work to appeal this decision to ensure they have the benefits they need if they are still disabled. Please contact us for more information and for an assessment of your situation today.