Short/Long Term Disability

little2v

little2v

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Staff member
Long story short, brother needs to have surgery on his shoulder. He will be off work 3-4 months as a result. His employer doesn't have short term or long term disability. Isn't that illegal? My brother can't realistically take 4 months off work. Nor can he work with the injury to his shoulder as he does manual labor for a living.

Ideas?
 
Not directly at work, although his work likely caused the shoulder injury over the last few years. He does cabling at buildings so he's always climbing around contorting his body into weird places and shit like that.
 
IIRC you need to meet the criteria for FMLA, minimum of 1 year at employer, company has to have a certain number of employees in a specific area, etc.
 
a company does not need to provide short/long term disability. That's a benefit.

He is SOL unless he was injured at work. Given his situation, that isn't going to work for him. The only chance he has at getting income is if his company is willing to let him go so he can file a UE claim.

Edit: He should buy a policy on his own and postpone the surgery if possible.
 
I've been out since June. Not workman's comp. I have short term disability through my employer. They aren't required to provide that though.

I was advised to look into SSDI by a few people, but that doesn't work unless you're out for at least a year, and even then they want to fight you if you're younger(because you'll potentially be paid out until you're eligible to collect SS). If your brother ends up being out long term then that's something to look into. If that's the case, get a law firm involved. They'll take a cut but it's worth it. If he has a 401k there are some plans that let you withdraw without penalty due to these types of circumstances, but even then I still think you've gotta be out longer.

FMLA isn't gonna help anything in this case, except maybe allowing him to keep his job.
 
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