How to Get Short-Term Disability Insurance Benefits

[fishoinc]

My question involves labor and employment law for the state of: Va

My wife needs an operation, (Carpal tunnel syndrome), Workman's comp say it is not job related, So she will need some sort of disability for recovery . She tells me her work offers no short term disability , We have insurance to pay for the operation but she will need 6 weeks to recover. Is there any disability she can apply for before the operation? We are not very wealthy and her income is important to our survival,

[Beth3]

You can contact your personal insurance agent who handles your car insurance, home owner's/renter's, etc., and inquire. Chances are that he sells all lines of insurance and can give you a quote. It's entirely possible however that a medical condition diagnosed prior to the disability insurance coverage becoming effective won't be covered. You'll definitely want to ask your agent about that.

If you're asking whether there's any State or federal disability benefit your wife can apply for and/or is entitled to, I'm afraid the answer is no.

[ESteele]

I do not think any insurance carrier would insure your wife now for short term disability under these conditions.

I would respectfully suggest your wife explore whether her employer will hold her job for her during this six week period. If her employer is covered under FMLA, then it has an obligation to do so under federal law. If it is not covered, then it would generally be left to her employer’s discretion as to whether it will hold her job open for her.

[cbg]

However, while not disagreeing at all with any of the above answers, I do just want to reiterate for clarity that FMLA is by definition UNPAID leave.

[Betty3]

I did some health ins./disability income underwriting (individual policies) & we would not issue DI coverage to cover a condition the applicant currently has & is also planning on having an operation for.

[fishoinc]

We have worked out the loss of income for 6 weeks she asked here supervisor about getting it done and her supervisor tells her that they no guarantee her job when she comes back and if she is brought back she would start at the beginners wadge , I can understand not holding the job but getting rehired at a lower pay after being there for 6 years just doesn't seem right . Can they do this?

[ESteele]

If the employer and your wife are covered under FMLA, then it cannot legally drop her salary upon her return from surgery. If, however, either of them is not covered by FMLA, then the employer can legally take the action it proposes.