The Family and Medical Leave Act is a federally mandated set of laws providing employees of most companies with 12 weeks annually of unpaid leave if they need to deal with serious medical or personal problems. This act only applies to businesses employing at least 50 people. However, entitled employees must have worked one year or more for their employer and have accumulated 1250 hours or more of work during the previous year. Although taking a leave of absence from work under this law is an unpaid absence, employees may be able to apply for and receive long-term disability or short-term disability benefits while on leave.

Fired From Job Due to Disability

Can an Employer Fire an Employee Who is on Leave with a Disability?

No. Employers cannot terminate an employee who is on FMLA leave. However, if that employee remains on leave beyond the 12 weeks allotted by the Family and Medical Act Leave, the employer may legally fire the employee. Also, employees returning to work from FMLA leave must be allowed to resume their former work tasks or given a position similar to the one they previously held. Employees receiving short-term disability or long-term disability benefits who are fired can continue receiving their benefits according to their policy terms.

How Does the ADA Protect People with Disabilities from Losing Their Job?

Further supporting rules set by the FLMA is the Americans with Disabilities Act, another federally mandated law that makes it illegal for employers to fire employees with disabilities. The ADA protects employes meeting their definition of a disability: “a mental or physical impairment substantially limiting major life activities”. Companies employing at least 15 workers are covered by the Americans with Disabilities Act.

Some employers think they have a legal right to fire employees who have been diagnosed with a disabling condition. However, they do not have that legal right and may be taken to court over such an unlawful termination of an employee. Contact our disability law firm today if you know of an employer who may have violated FMLA or ADA regulations.

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If you or a loved one was hurt in an accident at work, you could be eligible for workers’ compensation benefits to help cover your medical bills and lost wages. As long as you meet eligible, you may be entitled to benefits regardless of whether or not you were at fault for the accident. However, it is important to note that if you choose to seek this type of protection, you will typically have to forfeit the right to file a lawsuit against your employer to seek additional compensation.

Workers Compensation

What Are the Workers’ Compensation Eligibility Requirements You Must Meet?

Generally, applicants must meet 3 basic requirements to prove their eligibility for worker’s compensation benefits. These include:

· You must be an employee

· You must have a work-related illness or injury

· Your employer must currently carry worker’s compensation insurance coverage

To help determine where you may fall in terms of workers’ compensation eligibility, continue reading below.

Requirement #1: You Must Be an Employee

This may sound like an easy requirement to fill but in some cases, businesses hire independent contractors like freelance workers and consultants. However, many regularly employed workers like drivers for popular ride-sharing services have has disputes with their employers in the past. If you’re unsure which category you fit into, talking to a workers’ compensation attorney can help.

Requirement #2: You Must Have a Work-Related Injury/Illness

Typically, if you were completing a task or job at work and become injured or ill as a result, you should qualify for workers’ compensation benefits. But in cases where you were off the clock, say on a lunch break or driving to work in your privately owned vehicle, you may not qualify for benefits.

Requirement #3: Your Employer Must Have Worker’s Compensation Insurance

The majority of employers are required to carry this type of insurance coverage but in some cases, they may not be. If your employer is making it difficult to file for workers’ compensation benefits, it is in your best interest to speak with a workers’ compensation attorney as soon as possible.

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Reaching a settlement in a personal injury case often requires months of depositions, document requests, court appearances, interrogatories and negotiations. Your personal injury attorney has put in much time and effort to help you get the personal injury case settlement you deserve from the other side’s insurance company. However, in many cases, once the settlement paperwork arrives you find that a condition of the settlement requires that you agree to keep the details of the settlement under lock and key. But something even more startling is the fact that your settlement agreement outlines that in the event that you end up violating the non-disclosure agreement, you will be held responsible for penalties that could include repayment of part or all of the total settlement amount.

NDA Violation

What Are the Possible Penalties of an NDA Violation?

While the specific details of each personal injury case settlement can vary greatly, the common penalties contained in a non-disclosure agreement state that the violating party must either:

· Return the entire injury case settlement amount.

· Return a predetermined sum that is less than the full amount of the settlement. This is known as liquidated damages.

Additionally, most NDA agreements state that if the violating party fails to pay back the required sum upon demand, they will be financially responsible for covering the attorney fees and any additional costs that the insurance company may incur in the event that further legal proceedings are required.

How Can You Protect Yourself from a Non-Disclosure Agreement Violation?

It is clear to see that the penalties attached to an NDA violation can be very severe but there are some steps you can take to protect yourself from liability or at least soften the blow if you do breach the contract. Speaking with an experienced personal injury attorney is the first step in protecting your rights and preventing any future NDA violations.

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Can a Tax Refund Affect SSI Eligibility?

by Clauson on May 9, 2018

If you are receiving supplemental security income from the Social Security Administration, your SSI is evaluated every month to determine if you are still eligible to receive SSI. Although receiving a state or federal tax refund usually doesn’t interfere with your SSI, the rules governing tax refunds and SSI are somewhat complicated.

Tax Refund and SSI

When Does a Tax Refund Affect Supplemental Security Income Payments?

Advanced tax credits and state and federal tax refunds do not need to be included in an SSI recipient’s resource limit. However, if the refund has not been spent within one year of receiving it and the SSI recipient goes over their allowable resources amount, they could lose part or all of their benefits. Additionally, refunds from child tax credits or earned income tax credits are exempt from mandated reporting for nine months after receiving the refunds.

Other types of income that the SSI program does not consider “true” income includes:

  • Assistance for food through the Supplemental Nutrition Assistance Program
  • Home energy assistance
  • Small amounts of money that are infrequently or irregularly received
  • Scholarships, grants or gifts meant to pay for educational expenses and tuition
  • Loans that require repayment
  • Earnings up to $7350 a year ($1820 a month) for students under 22 years of age

Tax Refunds and SSI Overpayments

The Social Security Administration considers an overpayment to be a monthly payment a recipient should not have been paid because they earned a certain amount of income for that month. If an SSI recipient does not spend a tax refund for one year and receives a regular SSI payment, the SSA may consider that payment an overpayment and expect it to be repaid. Other causes of overpayments include unreported changes in income due to marital or living status changes that exceed the SSI income limit, neglecting to report changes in a timely manner and mistakes made by the SSA.

To ensure you do not receive overpayments that must be repaid due to a tax refund, consult with a supplemental security income lawyer who is knowledgeable about complicated SSI guidelines.

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Can You Get Disability Benefits if Your Child Has ADHD?

May 8, 2018

The Social Security Administration modified its listing of attention deficit hyperactivity disorder (ADHD) from a separate disorder to a neurodevelopmental disorder. This change encompasses a wider variety of medical conditions to facilitate receiving SSI disability benefits. In addition, the SSA […]

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Getting Disability Benefits for Chronic Fatigue Syndrome

May 7, 2018

The Social Security Administration adheres to the diagnostic criteria established by the U.S. Centers for Disease Control regarding chronic fatigue syndrome (CFS). Anyone applying for social security disability benefits for chronic fatigue syndrome must prove they have suffered at least […]

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Can You Get Disability Benefits for Sleep Apnea?

March 9, 2018

Sleep apnea affects more than 200,000 people in the United States per year. It is a serious sleeping disorder than affects your breathing while you are asleep. You can get disability benefits for sleep apnea, but check with your physician […]

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Can Back Problems Qualify for Disability Benefits?

March 6, 2018

Back injuries and problems can leave anyone unable to do their job. However, not everyone qualifies for Social Security Disability Insurance (SSDI) on their back problems alone. Back problems are the most cited disability the Social Security Administration will see […]

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If You Need Social Security Disability Income How Do You Know What they’ll Pay

February 26, 2018

Suffering from a disability is one of the most difficult things any person can endure. While the Social Security Administration (SSA) can help provide support, it’s not easy to know exactly what that benefit will be. If you need Social […]

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Can I still be approved for Social Security Disability after being denied 3 times?

February 22, 2018

If someone is denied to receive Social Security disability benefits, it is highly recommended to appeal these denials. Some may continue filing separate claims each time, but that can hurt your case. The decision would not change if you file […]

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