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Review disability clauses now, not later

Contract Language. By Steven M. Harris, amednews contributor. May 5, 2003.

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CONTRACT LANGUAGE

A column examining the ins and outs of contract issues

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Whether you are just beginning your practice, are looking toward retirement in the near future or are anywhere in between, you should ask yourself what happens if you become disabled during the term of your employment.

To avoid a financial hardship, make sure that you compare your disability policy with your employment contract so that you are aware of your disability coverage and related limitations.

If you experience a disabling condition, your employment contract usually gives your employer the ability to terminate your contract. Some employers will continue to pay the physician his or her full salary, or a specified portion of the salary, for anywhere from one to four months after the onset of a disability.

Employers also may provide group or other short-term or long-term disability insurance coverage.

It is imperative that you periodically review your disability insurance needs with your insurance adviser.

You should make sure that the disability provisions in your employment agreement match up with the underlying disability policy. Before you sign your employment agreement, ask for a copy of the applicable insurance policy so that you can review it in conjunction with the terms of your employment contract.

Your employment agreement should specifically define what health condition will be considered a "disability." Make sure that this definition includes both physical and mental impairment. There also should be a procedure to select an independent physician to conduct an examination in the event you and your employer cannot reach an agreement as to whether you are disabled.