Can you sue an employer for not paying for short term disability?

UPDATED: Aug 24, 2011

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Can you sue an employer for not paying for short term disability?

My employer offers short term disability policy to all employees. I was under short term disability for about 2 mo. I only got paid for 1/2. I have appealed the decision because the comp who takes cares of the claims for my employer denied my appeal. If I go under a civil suit against them can my employer terminate my employment? or will it affect my record if I try to get another job in the future?

Asked on August 24, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the law of your state your employer is required to carry worker's compensation insurance for on the job injuries but any short term disability insurance policy provided by your employer is an additional benefit given to the employee as part of his or her employement package.

You did not receive as much as you thought you were entitled to under this short term disability insurance policy where you received one-half of your normal wages for an apparent non-work related injury. Had you not had this benefit in place you would have received no money to assist you for this non-work injury.

From what you have written there is no factual of legal basis for you to sue your employer for not providing a bigger short term disability benefit package for non-work related disability. Your employer cannot legally terminate you as an employee if you sue for not receiving more of a benfit package, however any such lawsuit could affect your ability to gain employement with another employer down the road.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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