If my employer stated they faxed all of my paperwork for a short-term disability claim but never did, are they liable?

UPDATED: Aug 9, 2011

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If my employer stated they faxed all of my paperwork for a short-term disability claim but never did, are they liable?

My employer stated they faxed my claim to the short-term disability office. Today I called the disability office because it had been over 2 weeks and I hadn’t heard anything and they told me they never received anything from my employer. Would they be liable for delaying or even negating my claim?

Asked on August 9, 2011 New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you would otherwise have been granted your claim, but are denied due to the employer's actions, they very well may be liable, and it would be worthwhile to consult with an attorney.

If they only delay the claim, then even if they are technically at fault in some way, there is probably nothing to sue for; the legal system only provides compensation for actual injuries or losses, so if you end up getting all the money you are entitled to, there is nothing to sue for--unless the delay causes some other consequence to you (e.g. missing a mortgage or rent payment and suffering the consequences); if that's the case, you *may* be able to recover for the impact, but not for the delay per se.

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