Long Term Disability

To apply for long-term disability insurance, the applicant must be off work for 120 to 180 days as a result of the personal injury, mental disability or condition before they can begin the claim. The insurer must also require approval of the long-term disability claim. Long-term disability insurance is to help protect employees who are dealing with a long-term illness or a long-term personal injury, which prevents them from earning their income. A person who claims long-term disability does not have to seek approval of short-term disability first.

Oftentimes, both long-term and short-term disability insurance resulting from personal injuries is available through an employer’s insurance policy.

When individuals are covered by a long-term disability policy, they can receive benefits for the time during which they were unable to work or earn an income. Since it is in the insurer’s best interests to limit the amount of claims, there are many long-term and short-term disability benefits that are refused. An insurer may try to deny a claim due to different reasons. Some of the more common reasons are that they believe the applicant is not disabled, that the applicant is not disabled enough to prevent them from earning income and receiving benefits, or that there are discrepancies in the medical condition and the application for the claim. There are many ways for the insurance companies to attempt to deny a claim, including determining whether the amount of pain the claimant describes is appropriate or not. If the insurance company has denied your claim, you should seek the advice of a personal injury lawyer who can help you with your claim and fight to get it approved.

When individuals are covered by a short-term disability policy, their insurance will help cover a portion of their wages if they suffer from a personal injury, or even a non-work-related illness, which prevents them from being able to properly perform their work-related duties. Short-term disability benefits are a standard part of employment nowadays, and when an employer fails to deliver their obligations for a short-term disability, this can be viewed as them breaking their contract. Although short-term disability benefits are claimed through an employer’s insurance company, these short-term benefits are often paid by the employer. Short-term disability benefits often cover up to a period of six months, but this can vary dependent on your agreement with your employer.

Although it is not necessary to have a short-term disability claim before filing for a long-term disability claim, a claimant is often eligible for long-term disability benefits if their health remains unchanged after they have exceeded their short-term disability benefits. This will be dependent on the benefit package that your employer has established. If you are on long-term disability insurance, the insurance company will often require medical reports from your doctor to determine the length of your long-term disability.

To talk to an experienced and trusted lawyer about your disability benefits, contact us today for a free consultation.

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49 Gloucester Street
Toronto, Ontario, Canada
M4Y 1L8

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640 Muskoka Rd North
Granvehurst, Ontario, Canada
P1P 1E7

About us

Murray Tkatch began to practice personal injury law in 1981. As the senior lawyer for the firm he will always be responsible for your file. The firm works as a team to make sure you have the best possible representation.