Imagine waking up from a serious car accident, confused and disoriented, and finding out your life has completely changed. Worrying about a long term disability claim isn’t likely the first thing on your mind.
However, if you’ve been in an accident, or suffered a serious personal injury, worrying about your finances is a major burden you’ll face. If your injury is serious enough, you likely won’t be able to return to work.
Losing the ability to work is devastating, and if you have a family, it impacts multiple lives. The stress of your injury or disability alone is enough to leave you stressed, heartbroken, and not knowing where to turn.
We’re here to help. Making your long term disability claim is a tough process, and understanding it will help you get the most out of your settlement.
Get the facts now and prepare to get your life back on track as best you can.
Long term disability benefits are awarded to those who are unable to work due to a disability. It is intended to make up for lost income you would otherwise be earning.
Serious injuries can occur from many types of personal injury. Whether you’ve suffered a traumatic brain injury or a spinal cord injury, there are sometimes serious consequences you could suffer that leave you blindsided.
Sometimes disability insurance is offered through your employer, and in other cases it’s part of your private insurance policy. There are also programs such as the Canada Pension Plan and Child Disability Benefits you could qualify for.
Disability benefits are extremely important for many families affected by severe injuries or illnesses. They provide financial support for lost household income, caregiver costs, medical bills, and other hefty expenses.
These benefits can also be offered to families who’ve suffered the tragedy of a child becoming disabled and need to change their lifestyle to accommodate that child’s care.
Going up against an insurance company is scary and intimidating. These companies have expensive lawyers and plenty of resources to fight you on your claim.
With a lawyer by your side, you can feel confident enough to fight for what you deserve. Additionally, you will gain a better understanding of what you’re entitled to.
Here are three major situations where a lawyer can help:
When the insurance company denies you, your fight isn’t over. A lawyer will stand up for you and find another way to get your long term disability claim accepted.
In your long term disability claim, you’ll notice the terms “any occupation” and “own occupation” quite often. These terms are important and can make or break your claim. Therefore, it’s important to understand what they mean.
Both Own Occupation and Any Occupation standards refer to the time frame of your long term disability claim. These benefits usually last anywhere from 2 to 5 years, depending on your policy details.
Own Occupation refers to your inability to perform the job you were doing before your disability.
To meet this standard, you need to be able to show that you are no longer physically or mentally incapable of performing your job.
Any Occupation refers to any job you’re incapable of doing within your experience, education, or other qualifications.
This standard is important because you have to be able to show that your disability limits you from performing multiple kinds of tasks, and that you couldn’t just switch to a less demanding job.
Essentially, for this standard to be met, you have to be able to prove you can’t do any job within your qualifications. If this is the case, you can continue to receive your long term disability benefits.
Qualifying for long term disability depends on certain circumstances. Your lawyer will go over those circumstances with you and will help you go through the options you have.
They’ll also help you make sure you fill out all of the forms and documents properly to ensure your claim is as strong as possible. One small mistake can be a major setback on your application.
You also need to make sure you have your doctor’s support and recommendation. Without this, it will be extremely hard to prove that you can’t work. You’re also more likely to get denied without it.
A disability claim depends on your ability to prove that you are physically or mentally incapable of working. Notes and records from your doctor are your number 1 resource for proving this to your insurance company.
Sometimes insurance companies will go out of their way to make sure you’re not lying about your disability. If they have reason to believe you might have made a fraudulent claim or weren’t completely honest, they will look for ways to prove you are actually capable of working.
This includes processes such as investigating you or surveilling your social media accounts for proof you are participating in physical activities. Your benefits could be cut off if you are caught doing anything your disability should prevent you from doing.
To avoid this, be honest and go over everything you say in your claim with your lawyer.
You know you can’t work, and your doctor has forbidden you from working, but your insurance still denies your long term disability claim. What now?
The first thing you should do is go over the details of your claim. Is there something you missed? Look for areas where you might need more information. Additionally, check for missing proof.
Usually your insurance company will send you a letter informing you that your benefits are ending, and why this is happening. If they don’t, ask for an explanation in writing.
Speak to a lawyer before you make any further decisions. Take the letter to your lawyer and have them read it over. They’ll be able to figure out if there’s something you missed, or something you need to do to change the policy.
They will also be able to determine what your options are and how you can get your benefits back.
Our personal injury lawyers are passionate about helping those who need it. We believe that everyone should be fairly compensated for their suffering.
You are entitled to long term disability benefits if you’ve been severely injured and can’t work. That’s why we fight diligently to get you what you deserve. When you’re vulnerable, you need a tough lawyer who will make sure you aren’t being taken advantage of.
We know the financial burden you’re experiencing right now. That’s why we work on a contingency basis. We won’t get paid until you get your settlement.
Contact us now to book your free consultation at one of our offices in Whitby and Vaughan.