Long-term disability claims after injury are often initially denied. Learn more about how to make a successful claim.
Article Written By: Glenna M.
Long Term Disability Claims After Injury
We hear often about the difficulty of making a long-term disability insurance claim in Canada. Obviously, insurance companies don’t like to grant these types of claims, as they are costly for their bottom lines. Insurers fight to deny long-term disability whenever they can. However, you, as a client, are entitled to these benefits if you have a legitimate claim. Even if your insurance company initially denies your claim, it’s possible that you may prevail in the end. The key to success in pursuing a long-term disability claim is having a good personal injury lawyer on your side.
What is a long-term disability claim? Simply put, in Canada you can claim benefits from various sources if you have an injury or medical condition that makes it impossible for you to work. This article will deal specifically with claiming benefits after suffering an injury.
What To Do
After a devastating injury, you will need immediate medical help. Often this is provided by paramedics, emergency room physicians, and specialists at the hospital. Following initial care, you may have to endure a hospital stay and/or be sent to a rehabilitation facility. Your own family doctor should be made aware of your injury, and should help to oversee your care. As the effects of your injury become clear, you and your doctors may start to realize that you will no longer be able to work. This can be an emotional time, and you may experience shock, anger, sadness, and anxiety.
Your doctors’ support is crucial when it comes to claiming disability benefits of any kind. Without it, your claim will not go forward. If your doctors do not support your claim, you can change doctors, but it will make it much easier for your claims to be denied.
With your doctors’ support, some of the programs you may qualify for include:
• Sick pay from your employer
• Short-term disability insurance benefits
• Employment Insurance (EI) sickness benefits
• Long-term disability insurance benefits
• Canada Pension Plan disability
• Disability Tax Credit
• Workers Compensation benefits
• Veterans Affairs Canada benefits
• Provincial disability or income support programs
You may be eligible for all or only a couple of these benefits, depending on your circumstance. For example, you may only be eligible for provincial income support programs if your family’s income and assets fall below a certain level.
A personal injury lawyer can help by assessing your situation and informing you of your options. In some cases, your future may be less than clear. In this case, your lawyer will work with your doctors to develop a strategy to move forward. A good personal injury lawyer can help you to ascertain which types of compensation you may be eligible for, and can help you to obtain and complete the many types of paperwork necessary to apply.
This time of your life can be confusing, frustrating, and frightening. A serious injury can impair your ability to get around, to communicate, or even to enjoy daily pleasures. You may be in physical and emotional pain. Your relationships with family members may be suddenly on shaky ground as everything is undergoing change. When you’re dealing with this type of stress, trying to concentrate on exacting paperwork can be nearly impossible. In this difficult time, the support of a personal injury lawyer can be extremely valuable, and can make a tremendous difference to your future.
Choosing a Lawyer
Selecting a law firm can also seem overwhelming when you’re in this sort of situation. However, you may be able to narrow the field by focusing on what’s important to you.
First, be sure that you can meet with your lawyer in person. If you’re still in a hospital or rehab facility, you’ll want to contact a law firm that’s committed to coming to see you whenever necessary. (If you are able to travel, this is of lesser importance, but it will simplify things if your lawyer is located reasonably near to where you live.)
When you meet your lawyer for the initial consultation, assess how well you can communicate with him/her. Communication will be key for your relationship.
Does your lawyer seem willing to deal honestly with you without sugar coating difficulties or problems?
Does he/she listen to your concerns? Do you think you have a basis to develop a rapport?
Are you comfortable communicating in English, or would you communicate more easily with a lawyer who speaks your native language as well?
You’ll also want a law firm that has plenty of experience with long-term disability cases. Make sure the firm has lawyers that not only know their way around the insurance system, but who also are able to go to court when necessary.
Finally, put a premium on law firms that offer extraordinary client service. Some Toronto firms give you access to legal advice 24/7, and go the extra mile to make your life easier at this difficult time.
Getting a long-term disability claim after an injury approved by insurance companies doesn’t have to be a daunting task. Contact a law firm today, and find out more about your eligibility for long-term disability compensation.