Most likely, yes. File a claim and have your doctor complete the Attending Physician's statement as well as your specific limitations and restrictions. Then have your employer provide you something in writing, stating that they cannot accommodate your limitations and restrictions. Provide this documentation to the insurance company along with whatever other paper work they require. Check your policy for key definitions: * Own occupation policies will pay a benefit if you are unable to perform the material and substantial duties of your job. * Any occupation will pay a benefit only if you cannot perform any work.
* Total disability * Partial disability
No. There is no possible method in which your employer can withhold this. The Government is the governing body for disability insurance. They issue checks for disability. If you are trying to get a workmens compensation claim, the company is not the issuing body either. The company has an insurance company that would pay these claims and again, the administering body is the Government. The employer is only responsible to pay you for when you are working. Compensation claims go through your state.
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