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What Is a Disability?
A disability is any injury, illness, or medical condition that prevents an employee from performing their work tasks. They can sometimes include emotional and psychologically related issues as well. Some employers offer disability benefits, which help cover a person’s wages and expenses while they are out with their disability. State and federal social security laws also provide disability benefits for permanent disabilities.
The definition of a disability may vary according to the situation and context in which the term is being used. For social security purposes, disabilities must render the person permanently unable to perform their work.
Common Legal Issues In Disability Lawsuits
Disability lawsuits are among the most common types of employment lawsuits. These types of legal disputes can often involve legal issues such as:
- Eligibility for disability benefits
- Disputes over amount of compensation being offered
- Difficulties in identifying and classifying medical conditions
- Conflicts over wages and hours
Disabilities can also be divided into further sub-categories, such as total vs. partial, fully debilitating vs. short term, etc. This can make some of the lawsuits even more complex, and may require an expert medical witness.
What Are Some Legal Remedies Involved in Disability Lawsuits?
Disability lawsuits often require legal remedies such as a damages award for economic losses. These often require the employer to pay the worker back wages for time that should have been paid for while they were out on disability. Other remedies may include a requirement that the employer re-hire the worker. This can happen if the employee was wrongfully terminated while they were out on short-term or longer-term disability.
In cases where the disability violations are widespread throughout a company, class action suit may be necessary. Sometimes, this can lead to a complete overhaul of the company’s disability policies.
Do I Need a Lawyer for Help with Disability Lawsuits?
Disability laws may require the help of a lawyer due to their complexity. You may wish to hire a lawyer if you have a conflict and need to file a lawsuit. Your attorney can represent you in court if you need to make an appearance. Also, your attorney can help determine what types of legal remedies might be available for you.
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Last Modified: 04-06-2015 11:46 AM PDT
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