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Typically, short and long term disability policies cover the situation where a worker has a condition or an injury that is not related to work. For example, if the worker suffers from cancer and cannot be at work because of the cancer, they may be covered by a short or long term disability policy.

The policies are something that has to be purchased, by either the employer or by the employee. The short term policy generally covers a short period (90-180 days) while the long term disability policy becomes effective after this period. Some long term disability policies are what are called "own occupation" policies, which means that during a set period (oftentimes two years), as long as the worker cannot perform the job they were performing at the time they became disabled, they are eligible under the policy. In other cases (and usually at the end of two years), policies provide long term disability payments only if the disabled worker cannot perform any job within that worker's training or experience.

Long term disability payments are generally between 60 and 66% of gross income. Unlike Iowa workers' compensation payments, these benefits are paid on a monthly basis. They often require periodic review by a doctor to substantiate that the worker continues to be disabled.

Long term disability policies are a form of contract, so the written documentation of the long term disability policy (the "Plan") generally governs whether a worker is eligible for benefits or not. These plans are often written so that it is difficult to obtain coverage because the insurance company has so much discretion in deciding whether a person is disabled. The plans can be confusing, and there many occasions when the worker does not have access to the plan, but only to a summary of the plan. If you have questions about long term disability, please call Neifert, Byrne and Ozga for a FREE consultation concerning your rights.