If you’ve suffered a long-term disability, your entire life may be affected. Not only are you typically unable to work or enjoy activities that you used to enjoy, but you also may be dealing with chronic pain and a general decline to your quality of life. To add to many claimants’ troubles, the long-term disability claims process can be complex and difficult to navigate.
How Does Long-Term Disability Work?
A long-term disability policy may assist with the costs associated with disabilities, providing victims with income in the event of a disability. They may pay out monthly income replacement payments in order to help you with your bills if you cannot work temporarily, or if you suffer a permanent disability. Many employers offer long-term disability policies, but you are also able to purchase a policy of your own.
A long-term disability policy may cover physical and mental injuries such as traumatic brain injuries, orthopedic injuries, and other ailments related to an accident or sudden event. They may also cover a disability due to chronic diseases such as cancer, cardiovascular disease, or arthritis, among many other causes. Whether your injury is acute or chronic, and whether you are suffering from a physical or mental ailment, you may be eligible for long-term disability help through your insurance policy.
What Does the Long-Term Disability Claim Process Entail?
It’s important to note, first and foremost, that in order to be considered for long-term disability, you will need to be covered under a qualifying insurance policy. Generally, you will need to show that as a result of your disability, you are unable to perform the essential duties of your job, though qualifications are dependent on your specific policy, so you should be sure to review the terms of your policy carefully. Many plans will require a waiting period of continuous disability before you start receiving payments, though you may be able to receive short-term disability, either from your own insurer or from the government’s employment insurance program.
Typically, the long-term disability claims process begins with the filing of a claim and an application. You will also need to obtain a medical report from your doctor, and will possibly need to provide specific medical records to support your claim. Moreover, your employer will need to fill out an employer’s report. Once you’ve filed your application, you will be assigned an adjustor or claim representative who will be the main person handling your claim. You may receive additional requests for supporting documentation or information — tread carefully when communicating with the insurance company, and consider obtaining the help of a knowledgeable long-term disability lawyer.
If your claim is approved, you will typically receive between 60 and 85 percent of your base salary, up to the maximum amounts set out in your insurance policy. If your claim is denied, however, it is highly advisable to retain the services of an experienced long-term disability lawyer. While some people appeal long-term disability denials, doing so is not recommended as appeals rarely end with the claimant’s desired outcome.
Generally speaking, it makes more sense to retain a lawyer and file a lawsuit for wrongful denial of your disability benefits. While such a lawsuit can be complex, it can also provide you with the relief you are seeking to ensure your long-term disability is ultimately approved.
The long-term disability process is elaborate and involves many different issues. There may be various reasons why the insurance company’s denial was incorrect, and you will need the help of an experienced lawyer to focus on the facts, preserve important evidence, and make a strong case on your behalf. Remember that insurance companies have significant legal and financial resources on their side, and their ultimate goal is to minimize any payout, but having a long-term disability lawyer on your side will help even out the balance of powers.
How Can Derek Wilson Personal Injury Law Help with Your Long-Term Disability Claim?
The long-term disability claims process in Canada can be complicated and difficult to navigate on your own, particularly while you are trying to piece your life back together after a debilitating injury or accident. Our team is prepared to take all reasonable steps to proceed with your claim and get you fair compensation so that you can focus on getting better while we focus on dealing with the insurance company and negotiating toward a fair resolution.
We have assisted many individuals across Ontario in recovering fair settlements. My firm focuses only on personal injuries and represents clients with long-term disability claims, and we charge no up-front fees for our consultations. If you are seeking fair and honest legal advice, contact us to discuss your legal rights, options, and potential next steps.
Call us at Derek Wilson Personal Injury Law, at 855-769-0418 or get in touch online to schedule a free consultation.
