In Illinois, if you're unable to work due to a disability, you're covered by state and federal laws that provide short-term disability benefits and ensure fair workplace treatment. Short-term disability lasts from a few weeks to a year, offering financial support and job protections during temporary health setbacks. Qualifying as disabled requires meeting ADA criteria, with some cases needing SSA confirmation. You have the right to reasonable workplace accommodations without facing discrimination.
Short-Term Disability in Illinois
Short-term disability insurance in Illinois offers crucial financial aid to individuals who are unable to work due to injury, illness, or chronic condition. It serves as a valuable source of support during uncertain times and allows for focus on recovery without worrying about finances.
Typically lasting from several weeks up to one year, short-term disability coverage is designed for temporary setbacks. If an individual’s medical situation exceeds the expected duration of one year, it is recommended that they seek protection through accommodations provided by the Social Security Administration. This ensures continued support when needed.
Who Determines if I am Qualified as Disabled?
The Americans with Disabilities Act (ADA) has established a series of rules and standards that will determine what type of situations qualify as disabilities. To establish a disability in the legal sense, you must fall into one of the determinations found in the ADA and receive a determination the Social Security Administration (SSA).
How to Apply for Short Term Disability Benefits
Short term disability processing time in Illinois depends on the insurance company, completeness of your application and the complexity of your medical condition. Here’s a general idea of what to expect:
1. Filing the Claim
- As soon as you become disabled, file your disability claim as soon as possible to avoid delays. Many companies have an online portal or require you to submit a claim form with supporting medical records.
- Time Frame to File: Most policies require you to file within a certain time frame, usually 30 days from the date of your disability.
2. Waiting Period (Elimination Period)
- Waiting Period: Most short term disability policies have a waiting period (also known as an elimination period) before benefits start. This waiting period is usually 7 to 14 days from the date you become disabled. During this time you won’t receive short term disability benefits.
- You must be disabled for the entire waiting period to be eligible for short term disability benefits.
3. Initial Claim Processing
- Time to Process Claim: Once the claim is filed, insurance companies take 1 to 2 weeks to process the claim. Some companies will process claims faster if all paperwork is in order, but others may take longer if additional information or clarification is needed.
- The company may contact your employer or medical provider for more information about your condition or employment status which can delay the process.
4. Payments
- If approved, you’ll start receiving payments shortly after the elimination period ends, usually within 7 to 14 days of approval.
- Payments are usually weekly or bi-weekly depending on your policy.
5. Delays
- Incomplete Documentation: If your claim is missing medical records or your doctor’s certification is unclear, processing will take longer.
- Complicated Conditions: Claims involving complex medical conditions, multiple doctors or disputed medical opinions will take longer to review.
6. Appeal Process for Denied Claims
- If denied, the company will give you a reason and you can appeal.
- Appeal Time: The appeals process can take 30 to 90 days depending on the case and how quickly you provide more information.
Do I Need to Discuss My Disability with My Employer?
If you were disabled at the time of your application and your disability is disclosed during that process, you are not required to discuss the details of your disability with your employer. You may need to discuss the accommodations needed for your disability to ensure that your needs are being met.
Once I am Determined to Have a Qualified Disability, Do I Have Additional Rights?
Once you are established with a disability as recognized under the ADA, you are deemed a protected class. This means that you cannot be discriminated against on the basis of your disability. You are also able to seek reasonable accommodations to perform the duties of your employment.
What Types of Activities are Protected?
All employment-related activities as protected which include recruitment, hiring, training, assignments, promotions, pay, benefits, leave, and layoffs. Additionally, it is illegal for an employer to retaliate against you for asserting your rights under the ADA.
Can I Request Accommodations Based on My Disability?
Yes, if you can perform the essential functions of your position with the assistance of a reasonable accommodation, your employer is required to make such an accommodation for you. Your employer is not required to change the functions of your employment position but must allow the accommodation that allows for you to complete those functions.
What is a Reasonable Accommodation?
A reasonable accommodation is any change or adjustment to a job or work environment that allows for a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.
Some reasonable accommodations can be providing or modifying equipment, job restructuring, part-time or modified work schedules, reassignment to a vacant position, and making the workplace readily accessible to and usable by people with disabilities.
What if I am Fired or Treated Differently Due to My Disability?
If you feel that you are being discriminated against in some capacity, which includes being terminated, being passed over for promotions and raises, or not afforded the chance to have employment that you are otherwise qualified for, you need to contact the Equal Employment Opportunity Commission to report the perceived discrimination. The EEOC will then investigate the claims and render a finding. For more information read our article, Title VII and Change to Employee Discrimination Law
How is Short Term Disability Different than a Permanent Disability?
Short term disability allows for the same accommodation requests and protects your continued employment. In the case where you can no longer work due to the temporary disability, your income is protected through disability insurance which pays a percentage of the disabled employees regular income.
How Long Can Short Term Disability Last?
Short term disability is only for medical conditions lasting less than one year. If your condition is going to last longer than one year, you will need to consider seeking a finding through SSA to continue with any accommodations and protections you may need to continue your employment.
Qualifying Disabilities for Short Term Disability Benefit
1. Accidents
- Accidents: Severe accidents (e.g. car accidents, falls, work injuries) that prevent you from working temporarily.
- Post Op Recovery: Recovery periods after surgery where you can’t go back to work immediately.
2. Illness
- Serious Illness: Chronic or acute conditions that prevent you from working for a short period (e.g. cancer treatment, heart conditions, respiratory illness).
- Mental Health: Some policies may cover mental health issues like depression, anxiety or other psychiatric conditions if they prevent you from working.
- Infectious Diseases: Pneumonia, severe flu or COVID-19 may qualify if it causes temporary disability.
3. Pregnancy and Maternity
- Pregnancy Complications: Health issues during pregnancy like preeclampsia, gestational diabetes or other complications that require you to take time off work.
- Postpartum Recovery: Many policies cover recovery after delivery including time off for normal recovery from delivery (6-8 weeks depending on vaginal or C-section delivery).
Processing Time for Short Term Disability Claims
Short term disability processing time in Illinois depends on the insurance company, completeness of your application and the complexity of your medical condition. Here’s a general idea of what to expect:
1. Filing the Claim
- As soon as you become disabled, file your claim as soon as possible to avoid delays. Many companies have an online portal or require you to submit a claim form with supporting medical records.
- Time Frame to File: Most policies require you to file within a certain time frame, usually 30 days from the date of your disability.
2. Waiting Period (Elimination Period)
- Waiting Period: Most short term disability policies have a waiting period (also known as an elimination period) before temporary disability benefits start. This waiting period is usually 7 to 14 days from the date you become disabled. During this time you won’t receive benefits.
- You must be disabled for the entire waiting period to be eligible for benefits.
3. Initial Claim Processing
- Time to Process Claim: Once the claim is filed, insurance companies take 1 to 2 weeks to process the claim. Some companies will process claims faster if all paperwork is in order, but others may take longer if additional information or clarification is needed.
- The company may contact your employer or medical provider for more information about your condition or employment status which can delay the process.
4. Payments
- If approved, you’ll start receiving payments shortly after the elimination period ends, usually within 7 to 14 days of approval.
- Payments are usually weekly or bi-weekly depending on your policy.
5. Delays
- Incomplete Documentation: If your claim is missing medical records or your doctor’s certification is unclear, processing will take longer.
- Complicated Conditions: A short term disability claim involving complex medical conditions, multiple doctors or disputed medical opinions will take longer to review.
6. Appeal Process for Denied Claims
- If denied, the company will give you a reason and you can appeal.
- Appeal Time: The appeals process can take 30 to 90 days depending on the case and how quickly you provide more information.
If you have more questions feel free to contact one of our Illinois employment attorneys and someone will be in contact with you shortly.
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