Workers all across Pennsylvania have long term disability insurance coverage, whether offered through an employer or purchased privately, and in most cases, a worker or employee will never need to make a claim. However, accidents can and do happen, and when they result in serious, disabling injuries, workers and their families depend on such disability insurance benefits to survive financially.
Common Disability Insurance Company Tactics
Disability insurance companies often deny or terminate benefits without just cause. When this occurs, a worker has the ability to not only appeal, but also sue in a court of law to obtain benefits due to them. Disability insurance companies are notorious for denying or terminating claims and engaging in the following types of behavior:
- delaying investigation,
- delaying payment,
- paying only partial benefits,
- repeated demands for medical information and records,
- changing adjusters often, and
These are just some of the tactics employed by disability insurance companies.
Pennsylvania Long Term Disability Policy & Insurance Litigation
Under Pennsylvania laws, when an insurance company denies or terminates benefits, the insured must go through the appropriate administrative or appeal process prior to filing suit in the courts. Many insurance policies or contracts put a cap on the number of days within which an appeal can be filed. In addition, federal laws may also apply to a disability policy issued in Pennsylvania. It is vital to have a long term disability policy denial or termination reviewed by a lawyer immediately.
After the administrative or appeals process is completed, the disabled worker can file a breach of contract civil lawsuit in the Pennsylvania courts. A disabled worker whose disability benefits under a long term insurance disability policy were wrongfully denied or terminated may be eligible to obtain punitive damages, especially in cases where the insurance company acted in bad faith or committed fraud. Such damages are in addition to what would be owed under the policy.
More Pennsylvania Breach of Contract Legal Articles:
- Pennsylvania Commercial Law: Breach of Contract and the Duty to Mitigate Damages (Part Two)
- Pennsylvania Commercial Law: Breach of Contract and Damages (Part One)
Pennsylvania Long Term Disability Insurance Benefits Lawyer
If you’d like to have your case reviewed by our Pennsylvania and New Jersey commercial and insurance litigation lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The lawyers at Schwartz & Blackman handle long term disability insurance disputes in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: September 12, 2012