Question
Disability claim - Terminated from job next day after asking for help due to disability
Answer
If you were covered under a group disability policy as part of your employment with Tesla you may be able to make a claim for disability. However, the issues that will arise will be (1) coverage- the carrier would argue that as of the day you were terminated you were no longer covered under any group disability policy and since there was no claim filed prior to termination you would not have coverage. (2) There would need to be doctor certification that your condition was preventing you from performing the material and substantial duties of your occupation as of the day before termination. (3) Date of disability is determined as the first day missed due to the disabling medical condition. The carrier would argue that the first day missed (aka date of disability) was the day you were terminated and no longer covered. If you have your own private disability policy you purchased through an agent or insurance company directly, then a road to a claim would be easier. Lastly, California does provide state disability benefits so you would have the opportunity to apply for those benefits. Please feel free to contact us should you have any additional questions or want to discuss the matter further.
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