Guelph Ontario Disability Lawyer

At Derek Wilson Injury and Disability Law, we understand that being injured or ill to the point of being unable to work is deeply frightening. For many people in the Guelph region, work is essential for paying for necessities. It is also a big part of many people’s identities.

When you cannot work due to an illness or injury, you may be relying on short-term disability or long-term disability benefits to pay the bills while you heal. Unfortunately, insurers may not always treat you fairly and you may find it difficult to secure the benefits you need.

Should you be denied your rightful benefits or find yourself having your benefits cut off, reach out to Derek Wilson Injury and Disability Law for a free consultation as soon as possible. Whether you are being pressured to return to work, can’t get a response from the insurer, or are otherwise being treated unfairly, we may be able to help.

With over 30 years of experience in personal injury and insurance litigation, Derek Wilson has dedicated his practice to assisting individuals in Guelph and across Ontario who have been wrongfully denied disability benefits.

Our firm operates on a contingency fee basis, meaning you don’t pay unless we successfully recover compensation for you. When you work with us, you work directly with Derek Wilson, not a junior associate. Contact us today to get started with a free consultation with a disability lawyer in Guelph.

Understanding Disability Benefits

In Ontario, many workers have disability benefits, either through work or through a group plan. One type of coverage is short-term disability (STD). These benefits are designed to replace a portion of your income—often around 60% to 70%—for a limited time, typically up to 15 or 26 weeks. Short-term disability coverage is meant to help you pay your bills in a situation where you cannot work due to an illness or injury which is expected to be short-term.

Long-term disability (LTD) benefits in Ontario are typically awarded when you can no longer perform the essential duties of your job for an extended period, usually beyond 26 weeks. Conditions may be physical, psychological, or a combination of both. Depending on your policy, your benefits could continue until:

• You are no longer considered disabled under the policy definition.
• You return to work.
• You reach the end of the benefit period, which often occurs at age 65.
• You pass away.

Many LTD policies begin after a 17- to 26-week elimination period, replacing a percentage of your income, usually around 60% to 70%. This varies widely by policy. Often, workers have both short-term and long-term disability benefits, so that once they no longer qualify for short-term disability, they can secure long-term disability benefits.

It’s important to note that long-term disability costs insurers more money, because policyholders may qualify for benefits for years. As a result, insurers sometimes limit policy terms to five or ten terms. It is also typical for insurers to examine applications carefully. Some even hire investigators or conduct periodic assessments to determine ongoing eligibility.

It is not unusual for someone to secure short-term disability but then encounter problems when trying to access long-term disability benefits. If you run into any problems at any time, contact a long-term or short-term disability lawyer.

Types Of Disability Cases We Handle in Guelph

We specialize in representing clients who have been denied disability benefits, including:

• Long-Term Disability (LTD) denials.
• Short-Term Disability (STD) denials.
• Disability insurance disputes, including situations where you are getting less than you are entitled to or the insurer is suggesting they may cut off benefits.

Even with a good insurance policy, problems can happen. Insurers are in the business of making money, not looking out for you, and they make the most when they minimize or deny claims. In recent years, insurance companies have also become very concerned about fraud and this has led to some legitimate claims being denied.

If you are having any trouble with getting your full disability benefits, contact us. We can review whether we may be able to help.

Qualifying for Disability

To qualify for short-term disability in Ontario, you must demonstrate that a medical condition is preventing you from performing your job, either temporarily or for a defined period. A licensed healthcare provider must certify that your condition prevents you from working.

In addition, you must have been actively employed or paying into the insurance plan at the time of disability. Some plans include a short waiting period (often one week) before benefits begin. Some employers require that sick days or vacation time be used before STD benefits kick in.

To qualify for long-term disability in Ontario, you must also have a policy in place and be able to show that you have a condition which is expected to last for some time. Common qualifying conditions include:

• Chronic pain, including debilitating back, neck, or joint pain that interferes with daily functioning.
• Mental health disorders, such as severe depression, anxiety, PTSD, or bipolar disorder.
• Neurological conditions, including multiple sclerosis, epilepsy, or traumatic brain injuries.
• Cancer or heart disease, if the illness limits your ability to work.

Initially, to qualify for long-term disability, your disability is defined as the inability to do your own job. After two years, this often shifts to an “any occupation” definition, meaning that you may need proof that you cannot perform any job you’re reasonably suited for. This means that after two years, it is not uncommon for insurance companies to try to get you to return to work.

Some policies allow for a gradual return to work or part-time employment without immediately ending benefits. This is often referred to as a rehabilitation or return-to-work program.

However, it is important not to return to work before you are cleared by your doctor. Returning to work too early can make your condition worse or can cause a relapse. If you do return to work, even part-time or casual work, it’s important to tell the insurance company. Working without notifying your insurer can be seen as misrepresentation and may lead to benefits being suspended or terminated.

One common issue that happens with LTD claims is that an insurance company or employer will sometimes try to pressure a worker back to work before they are ready and even before their doctor clears the individual for work. Another common issue is that the insurer may decide that the worker can return to their role with some accommodations, but the employer may not be able to provide those accommodations. In these cases, consulting with a short-term or long-term disability lawyer is important, to make sure your best interests are protected.

Benefits Of Working With Disability Lawyers

Engaging a disability lawyer offers several advantages. One of the big benefits is that disability insurance policies are complicated. They are written in jargon which can be confusing. At Derek Wilson Injury and Disability Law, we pride ourselves in explaining everything clearly and honestly, so you understand your coverage.

Another benefit or working with a disability lawyer is that a lawyer can protect you from costly mistakes. For example, when you get a denial letter, the insurance company will usually explain in the letter that you can file an appeal. For many people, this sounds very reasonable. What insurance companies don’t tell you is that the appeals process involves them reviewing the same information you have sent in—information they have already used to deny your claim.

At Derek Wilson Injury and Disability Law, we rarely see appeals working. More often, we see the appeals process use up a lot of time, until the injured worker runs out of time to file a claim. That’s why we strongly believe that if you have received a denial letter or are having any trouble getting your disability benefits, it’s important to call a disability lawyer right away.

When you reach out to our firm, for example, we start gathering medical documentation and building a strong case. We file a claim and negotiate with insurers to get you your benefits. In many cases, when insurers see that you are working with a disability lawyer in Guelph—especially a lawyer who’s not afraid to back down—they are willing to settle. A settlement gets you the money you need to pay for living expenses and it allows you to walk away from the whole situation and start over. If an insurer isn’t willing to settle, we’re willing to pursue a claim. Our goal is always to get you the benefits you need.

Preparing For Your Case

To build a strong case, the most important thing you can do is to contact a disability lawyer in Guelph as soon as you realize you may run into problems getting your disability benefits or as soon as it appears the insurer wants to cut off your benefits. In addition to calling a lawyer, you will also want to take the following steps:

• Gather Medical Documentation. Compile any medical records you have, including diagnoses, treatment plans, and physician statements.
• Maintain a Journal. Document your daily symptoms and how they impact your ability to work and perform daily activities. Note any doctor’s appointments and any time missed at work.
• Secure Employment Records. Collect documents related to your job duties, performance evaluations, and any accommodations made.
• Continue to Consult with Medical Professionals. Your healthcare providers are essential in supporting your disability claim and it’s crucial that you continue to attend doctor’s appointments. Follow treatment plans carefully. Failure to do so means insurers can claim that you are not as injured as you claim to be.

Even if you try to do everything right, insurers may try to deny you your benefits. For example, many individuals in Ontario don’t have access to a family doctor, which can make it difficult to secure the ongoing treatment and documentation that insurance companies may demand. A disability lawyer will know exactly how to build a strong claim for you, so you have the best chance at securing your rightful benefits.

What To Expect from a Disability Claim

Most disability claims start with the application process. Most insurers and employers have a portal, where you can apply for benefits online. Once you submit the application, you will wait to hear back. If you get a denial letter or otherwise do not get your benefits, you may want to consult with a disability lawyer.

In an initial consultation, you and your lawyer will review the viability of your claim. Be sure to bring your denial letter and any communication you have had with the insurance company. This allows your lawyer to review the insurance policy and the reasons for denial.

At this point, your lawyer can explain what options exist for next steps. In general, your lawyer will launch a lawsuit against the insurer. Your lawyer will take care of all the details, from building a strong case, to filing, to negotiating with the insurer.

Why Choose Us?

Choosing Derek Wilson Injury and Disability Law means choosing a lawyer with more than three decades of focused practice in personal injury and disability law. We can help you determine if you have a personal injury case and we have helped countless individuals across the Guelph region get their benefits.

When you work with us, you work directly with Derek Wilson, ensuring consistent and knowledgeable advocacy. Derek Wilson also has a unique perspective on the insurance industry, since he spent the early part of his career representing insurance companies. He has first-hand knowledge of how these companies deny claims—and what it takes to win against these organizations.

Derek Wilson Helps Disability Victims in Guelph to Get the Compensation They Deserve

If you’ve been wrongfully denied disability benefits in Guelph, don’t hesitate to contact Derek Wilson Injury and Disability Law to seek the compensation you need. Contact us today for a free consultation and take the first step towards reclaiming your rights.