Denied Disability: When Injuries Affect Work

La Quinta, CA For employees injured at the workplace, having a disability claim denied can be particularly frustrating. They may find that their injury has resulted in them having to change jobs or make severe modifications, possibly even cutting back on their hours worked. Having a denied disability claim might mean that they no longer have the money to live on or money to pay for necessary medical treatments. This can be all the more trying if their injury happened through no fault of their own.

ABC News (3/31/14; kesq.com) reports on a teacher who suffered a severe head injury while at work, but has had her disability insurance claim denied. The teacher, Melissa Labayog, was injured when she attempted to break up a fight at her school. She was struck by a student and was reportedly left partially blind and deaf. She also reportedly suffered significant brain injuries.

As a result of her injury, Labayog has switched schools and is now forced to teach in a dark room because she cannot see in bright light. Labayog’s insurance company has reportedly denied her claims, resulting in her filing a lawsuit against the company. The insurance company has so far not commented on the lawsuit.

Injuries that affect a person’s employment can result in that person making the difficult decision between their job or their recovery. Connecticut Law Tribune (4/4/14) reports on Jose Morales, who was injured when his car was hit by another vehicle that failed to stop at a stop sign. Morales suffered shoulder pain that was eventually diagnosed as a partially torn rotator cuff.

Morales was employed as a janitor and laundry attendant at a local hospital when the accident occurred, according to the report. Two doctors recommended surgery but Morales, concerned about the loss of income due to the recovery time following surgery, declined the medical procedure and instead went to physical therapy. So far, Morales’ medical bills total around $13,000.

One of the insurance companies involved in the situation argued that Morales could have had the shoulder surgery, which might have helped him recover. It also argued that an incident in which Morales fell down stairs at work following the car accident had a much more severe impact on his quality of life. Finally, the company argued that a pre-existing back condition also contributed to his pain.

A jury, however, sided with Morales and awarded him $122,274. Because he originally settled with a second insurance company following the car accident, the $50,000 from that settlement will be taken out of the jury’s award.