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Short-term Disablility is exhausted, but haven’t gotten clearance from doctor.

Discussion in 'Medical Leave & Disability' started by Shallowseas, Oct 12, 2017.

  1. Shallowseas

    Shallowseas Law Topic Starter New Member

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    Jurisdiction:
    New York
    Hi,

    I appreciate if anyone can advise me what step I can take toward below situation.

    I live in New York state. I have been with my company over 4 years. I recently had an injury and gotten a surgery done. I injured my both knees and shoulder. I am still undergoing my physical theraphy session. I have been covered by my short term disability, but my STD is now exhausted, but I still have not received a clearance from my doctor for another 4-6 weeks. I tried to reach out my company to get an extension for another 4-6 weeks along with the doctor letter, as it turn out, they had me running around between Disability Management and Human Resources and no answer. The Disablility Management told me to contact HR, and HR told me to contaxt Disablility Management. It has been over a 4 weeks now and I still haven’t gotten any pay. Am I allow get an STD extension? Or what step should I take? Please kindly advise. Thank you so much.

    Best,

    Jamie S.
     
    Last edited: Oct 12, 2017
  2. army judge

    army judge Super Moderator

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    STD usually stops after 6 months.

    In some cases, LTD is possible.

    You need to seek specific guidance from someone in your organization, benefits, insurance, HR.

    Anything strangers tell you is generally speaking, as they have no access to your benefit plans.
     
  3. Shallowseas

    Shallowseas Law Topic Starter New Member

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    Hi Army Judge,

    Thank for your reply. I have to check with my Disability Management if I eligible for LTD. Do I have a right to extend my STD with doctor letter?
     
  4. army judge

    army judge Super Moderator

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    STD is by design limited to six months or less.
     
  5. hrforme

    hrforme Active Member

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    STD is just wage replacement and usually for no more than 26 weeks. Not protected leave. How long have you been out on leave and were you eligible for FMLA (12 weeks)? A doctor letter can not extend required FMLA unpaid time. It is up to the employer whether they give you more time than required - -that is, more than 12 weeks.

    LTD often has different requirements and you or may not be eligible depending on your employer's benefit plans.
     
  6. ElleMD

    ElleMD Well-Known Member

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    It isn't clear who is running this STD plan. Is this through an insurance carrier, the state, or an employer funded plan? Read the rules for whatever plan you have and that should tell you if an extension is possible and what you need to do to file for one.
     
  7. Shallowseas

    Shallowseas Law Topic Starter New Member

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    Hi hrforme,

    I fell from employee stairs at work last Nov 26,2016, and hurts both of my knees and my other parts of my body (including L shoulder). My company had filed a worker compensation. I had a pre-existing conditions on my shoulder, my shoulder became worst after the fall and had to get the surgery procedure (2/23/17). But worker comp has denied the claim on my left shoulder stop paying my wages after 1/17/17. My shoulder is covered under STD through my employer 2/23/17-8/30/17. I was told by the Leave Management that my FMLA coverage started on injury 11/26/16-2/2/17. Hope this is clear enough. Thanks again


    Dear EllenMD,

    I'm from NY. My STD plan is through my company benefits plan, my company has an insurance carrier that handle Leave Management. Thank you.


    Dear ElleMD,
     
  8. cbg

    cbg Super Moderator

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    Under the information you have provided, you do NOT have a legal entitlement to an extension. It will be up to the employer whether to provide one or not.
     
    hrforme likes this.
  9. Shallowseas

    Shallowseas Law Topic Starter New Member

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    Thank you for your reply. I got it. I appreciate it.
     
  10. ElleMD

    ElleMD Well-Known Member

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    Your employer is under no legal obligation to retain you as you have been off for far longer than 12 weeks. Whether you are entitled for additional benefits under the STD plan depends upon the terms of that plan. Typically, these plans only cover 6 months or so. Your state is one of the few which requires a disability plan, but that is capped at 26 weeks.
     
  11. Shallowseas

    Shallowseas Law Topic Starter New Member

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    Thank you so much. I understand now. I appreciate the info.
     
  12. army judge

    army judge Super Moderator

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    Were you on workers compensation?

    From the way you describe the event it occurs to me that it could have been misclassified.

    If you fell down the stairs while on duty at work, that would seem to me an accident that qualifies for WORKERS COMPENSATION, rather than short erm disability.

    Virtually all employers in New York State must provide workers' compensation coverage for their employees (WCL §2 and 3). Employers must post notice of coverage in their place(s) of business (WCL §51). Employers must cover the following workers for workers' compensation insurance:

    Workers in all employments conducted for-profit. Part-time employees, borrowed employees, leased employees, family members and volunteers working for a for-profit business must also be covered under the Workers' Compensation Law (WCL §3 Groups 1-14-a);
    Employees of counties and municipalities engaged in work defined by the law as "hazardous" (WCL §3 Groups 15, 15-a and 17);
    Public school teachers, excluding those employed by New York City, and public school aides, including New York City (WCL §3 Groups 20, 20-a and 22);
    Employees of the State of New York, including some volunteer workers (WCL §3 Group 16);
    Domestic workers employed forty or more hours per week by the same employer, including full-time sitters or companions, and live-in maids (WCL §3 Group 12) (see Domestic Workers)
    Farm workers whose employer paid $1,200 or more for farm labor in the preceding calendar year (WCL §3 Group 14-b) (see Farms)
    Any other worker determined by the Board to be an employee and not specifically excluded from coverage under the WCL (WCL §3 Groups 1-14-a and 18);
    All corporate officers if the corporation has more than two officers and/or two stockholders (WCL §54 [6]) (see Corporate Officer Coverage Requirements);
    Officers of one-or-two person corporations if there are other individuals in employment. These officers may choose to exclude themselves from coverage (WCL §54 [6]) (see Corporate Officer Coverage Requirements); and
    Most workers compensated by a nonprofit organization (WCL §3 Group 18) (see Nonprofit Organizations).

    Who Is Covered by the Law

    What to do if you are injured on the job:

    What To Do If You Are Injured On The Job

    The claims process:

    Understanding the Claims Process

    It might be time to discuss this with a lawyer.
    Don't worry about how the lawyer gets paid, the law takes care of that.

    As an injured worker, you have the right to be represented by an attorney or a licensed representative of your choosing. The New York State Bar Association and the Injured Workers' Bar Association provide tools on their websites to help you find a lawyer near you who practices workers' compensation law. The Board licenses non-attorneys to represent claimants in workers' compensation claims. Licensed representatives must pass an examination to demonstrate knowledge of the Workers' Compensation Law and Board rules and regulations.

    This seems odd to me, as to how it was handled by your employer.

    Some employers try to hide injuries suffered by employees.

    A lawyer can help you sort this out and see that you get paid until you've recovered.
     
  13. cbg

    cbg Super Moderator

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    Even a workers comp claim does not require that leave be open-ended.
     
  14. army judge

    army judge Super Moderator

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    Quite right, but WC does attempt to rehab the person such that he or she can once more be a productive citizen at some legal endeavor.
     

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