Getting Short-Term Disability After a Car Accident

Short-term disability insurance can cover car accident injuries, but it’s only mandatory in California, Hawaii, New Jersey, New York, and Rhode Island.
Written by Jason Tushinski
Reviewed by Kathleen Flear
background
Short-term disability benefits can cover lost wages resulting from a number of different injuries, illnesses, or other conditions that force you to miss extended time at work, including injuries sustained in a car accident. The only states to require employers to provide short-term disability benefits are California, Hawaii, New Jersey, New York, and Rhode Island, but employers in other states may also offer this insurance. 
Short-term disability benefits are different from both workers’ compensation, which is governed by state law and is available to those injured at work, and Social Security Disability Insurance (SSDI), which is run by the U.S. Social Security Administration and is available to those suffering long-term injuries (lasting or expected to last more than one year). 
If you want to understand your options for getting short-term disability after a car accident, check out this helpful guide from
Jerry
, the
car insurance
shopping app designed to save you money. 

What is short-term disability?

If you suffer an injury that prevents you from working for a limited period of time, you may be eligible to receive short-term disability benefits, which will compensate you for a portion of your lost wages during this period. Short-term disability benefits only apply to non-work-related injuries—injuries that you did not sustain on the job. These benefits typically amount to around 60% to 70% of your highest-earning quarter in the last 12 months.
Employers are only required to offer short-term disability benefits in five states—California, Hawaii, New Jersey, New York, and Rhode Island.If you live in a different state, these benefits may still be available to you, depending on your employer, or you can choose to purchase short-term disability insurance on your own, although this can be very expensive. 
Short-term disability benefits are not available through federal Social Security benefits. For long-term injuries that leave you unable to work for more than a year, seeking Social Security Disability Insurance (SSDI) would be prudent. SSDI covers medical care, day-to-day expenses, and other costs while you are unable to work.
Key Takeaway Unlike workers’ compensation, short-term disability benefits only cover injuries that were not sustained at your workplace.

What injuries qualify for short-term disability?

Qualifying injuries depend on the exact rules of your short-term disability plan, but they may include:
  • Traumatic brain injury
  • Whiplash
  • Fractured bones or joints
  • Back injuries
  • Severe burns 
  • Post-traumatic stress disorder
  • Anxiety
You may also qualify for short-term disability if you are recovering from surgery or suffering from a lengthy illness.
MORE: The most common types of car accident injuries
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Are you eligible for short-term disability after a car accident?

You may be eligible for short-term disability benefits after a car accident, depending on the requirements of your state, employer, and/or disability plan, as well as the details of your injuries.
For example, in
California
, you must meet the following criteria in order to be eligible for short-term disability wage replacement benefits:
  • You are currently employed or actively seeking employment
  • You are prevented by injury from performing your regular work for at least eight days
  • You have lost wages due to an injury or disability
  • You received at least $300 in wages over the last year
  • You sought out a doctor’s care within eight days of sustaining your injury or disability
  • You are currently under a doctor’s care
  • Your doctor certifies that you can’t work
Under these requirements, you may be eligible for short-term disability benefits if a car accident has left you with injuries that prevent you from working for at least eight days and you have received medical attention

Filing for disability after a car accident

If a car accident injury forces you to miss at least one week of work, you may be eligible for short-term disability benefits. You’ll need to get a claim form from the appropriate provider, whether that’s a state agency, your employer’s HR department, or your insurer.
You’ll need to fill out the personal section of the form, and then get a doctor or your employer to fill out information related to your injury and how it impacts your ability to do your job.
Along with medical documentation from your physician, the physician or employer will need to include how long they expect you to be off the job due to your injury.
You may want to consult an attorney to make applying for short-term disability benefits easier, as this can be a time-consuming, difficult process, and claims often get rejected (though many are successful on appeal).
You can be disqualified for benefits even after being approved, for reasons including:
  • You miss a doctor’s appointment
  • You commit a crime
  • You’re in jail
  • You’re receiving employment insurance
  • You’re receiving sick-leave benefits
  • You’re receiving workers’ compensation benefits
Key Takeaway State-mandated short-term disability benefits can be funded in a few different ways, such as employers paying into a dedicated fund, employees doing so, or both.

What reviewers look at when assessing a short-term disability claim

When you apply for short-term disability benefits, your claim will be assessed based on numerous factors, including but not limited to the following:
  • A full and completed application
  • Appropriate medical evidence and documentation
  • List of any side effects suffered due to the injury
  • How your recovery is progressing
  • How explicitly you state that the injury has affected your ability to work
Reviewers may seek a professional second opinion, from a medical doctor, to verify your claim and confirm that your disabilities are consistent with the injuries suffered.

What is the compensation for short-term disability benefits?

When on short-term disability, you are usually paid every second week, and the amount you are paid reflects your highest-earning quarter during the last year, or about 60% to 70% of wages earned during that period, although the exact percentage will vary.
You have a limited amount of time in which to apply for short-term disability benefits after sustaining your injury, and the time period depends on your state. In California, for instance, you have seven weeks.
Benefit times also vary, but they can last up to a year depending on the state—in California, they run out after 39 weeks. If you’re self-employed, benefits typically run out sooner. Each state is different, so be sure to do your research.

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Short-term disability benefits are there for your well-being in case you are involved in an accident and need to miss extended time at work.
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FAQ

Yes, you can get short-term disability after suffering an injury due to a car accident. However, employers are only required to offer short-term disability insurance in five states—California, Hawaii, New Jersey, New York, and Rhode Island. Employers in other states sometimes still offer short-term disability as a workplace benefit, and you always have the option of purchasing this insurance on your own.
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