I can’t work because a couple weeks ago I got hurt. Workers Comp was denied quickly because I hurt myself while on vacation. I slipped and tumbled while hiking, and am waiting for my injuries to heal. I think my injury is temporary, doctors said it was mostly serious sprains and a fractured ankle, but nothing broken. Despite this, my doctor told me to stay off my feet for at least six weeks and let my wrists heal up. I am also on pain meds that make me feel off-balance. I work in a warehouse loading and unloading trucks. I have to be on my feet all day, move quickly, and have to pick up stuff all day. I can’t do my job right now with my injuries and my employer doesn’t have a temporary sitting job for me to do while my injuries heal. I applied for short term disability from my employer and was denied a week ago. I am surprised that I was denied because I can’t do my job until my injuries heal. What should I do?

W. Tyler Craft, Attorney At Lewis & Keller
I am sorry for your recent injury and hope that your injuries heal soon. My recommendation would be to give us a call so we can discuss in more detail. When you have a denial of short-term or long-term disability benefits that are employer supplied, then you have 180 days to file an appeal. However, once you file the appeal, the private insurer must generally make a decision within 45 days. Unfortunately, the insurer will often make the decision without obtaining all the records. You want to make sure that you understand why the insurer denied your claim and you want to shore up your case before filing your appeal. An experienced disability attorney can maximize your chances of recovery by building up your case and utilizing favorable case law.