Former employee alleges insurer wrongfully denied her claim
When an injury, illness or other health condition is so severe that it renders a person unable to work, the worker is in a bad position. Without the income from employment, bills and debt can quickly pile up. If the person tries to return to work, he or she may be unable to perform his or her duties, or may make the health condition much worse. Often, disability benefits are the person’s only hope.
Recently, a California woman filed suit against insurance giant Prudential, alleging that the company wrongfully denied her disability claim. She seeks benefits to cover the period of September 2014 through December 2015, plus interest and other damages.
According to her lawsuit, the woman is a former employee of the retailer Office Max and became disabled due to respiratory illness and other problems. She claims that the company denied her claim for benefits despite the fact that her condition meets all standards of disability under the terms of her policy.
Under the federal Employee Retirement Income Security Act, insurance providers may not wrongfully deny a claim for certain benefits for employees. Among the protected benefits are disability benefits for employees who become disabled. If a worker’s disability benefits claim is wrongfully denied, he or she may request a full and fair review of the denial. If, after that review, the employee still believe the claim was wrongfully denied, he or she may file suit to obtain the benefits.
To pursue a claim for disability benefits, it can be crucial to have the help of a lawyer who has knowledge and experience in this area of the law. A trained attorney can help disabled workers argue their case at many stages in the process, from initial claims to appeals.
Source: Northern California Record, “Former Office Max employee claims Prudential wrongfully denied disability benefits claim,” Wadi Refomado, Dec. 29, 2016