Welland Long Term Disability Lawyer
Find out if you have a case today.
Contact our Welland long-term disability lawyers for a free consultation if you have legal questions regarding your long-term disability claim.
Table of Contents
Certain businesses provide their employees with group insurance plans that offer Long-Term disability (LTD) benefits to policyholders who, through no fault of their own, can no longer complete the duties of their jobs. Workers with sufficient insurance coverage who have sustained severe injuries or developed debilitating physical or mental illnesses that prohibit them carrying out their occupational tasks might be able to collect LTD benefits. If an employee’s group insurance plan does not include adequate coverage, they may wish to purchase a private policy that provides disability coverage.
LTD benefits typically replace between 60-70% of a recipient’s normal wages. In a time of great need, receiving LTD benefits can be critical. Unable to continue working in their chosen occupational field, people living with a disability could struggle to support themselves and their families.
However, not all claims for LTD benefits are approved by insurance providers. In fact, more than half of the country’s claims for LTD benefits are denied by insurance companies each year.
Some common reasons provided by insurance companies to justifying denying a policyholder’s claim for LTD benefits include:
- Claimants included insufficient supporting medical evidence in their application
- Claim was filed late, past requisite deadlines
- There is no objective evidence of disability (often the case with “invisible” injuries or illnesses)
- The medical condition does not meet the insurance policy’s definition of “disability”
- The policy includes contractual stipulations (often excluding pre-existing conditions) that disqualify a claimant’s application
- The claimant refused to undergo an independent medical examination (IME)
- And more
Few experiences are more frustrating and anxiety-inducing than receiving a denied claim for LTD benefits. However, it can be even more disheartening when, after an arbitrarily-determined length of time, insurance providers decide to stop providing an LTD benefits recipient with the payments they need to support themselves.
Certain insurance policies update their definition of what constitutes a disabling medical condition after a benefits recipient has collected income replacement payments for two years. These insurance plans initially make LTD benefits available to policyholders who cannot perform the duties associated with their own occupation because of their debilitating medical condition. However, after two years, a benefits recipient must be able to prove that their condition prevents them from performing any occupation in order to continue receiving their benefits payments.
Some medical conditions might certainly improve within a matter of months. But many do not. Even if a benefits recipient’s medical condition remains so severe that they cannot return to their place of work, their insurance provider might terminate the payments that allow them to continue making ends meet.
Our Welland Long-Term disability lawyers are committed to helping the clients we represent fight against unfair treatment. If your claim for LTD benefits was unfairly denied, or if your payments were prematurely terminated without reason, our Long-Term disability lawyers serving Welland may be able to assist you.
If you are eligible to pursue legal action against your insurer, by working with our Welland Long-Term disability lawyers, you might be able to receive compensation for:
- Previously withheld benefits payments
- Damages incurred because of your claim’s initial denial
- Punitive damages
- Legal fees
- And possibly more
To receive the benefit of personalized legal advice about options for financial recovery that might be available to you, contact Preszler Injury Lawyers today and book your free initial consultation.
Contact Our Welland Long-Term Disability Lawyers Today
During a free initial consultation with our Long-Term disability lawyers serving Welland, you will have the opportunity to review the circumstances of your case and learn about options that might be available to you. If you are eligible to pursue further action, by working with our Welland Long-Term disability lawyers, you might be able to recover your previously denied benefits payments, damages you have incurred because of your claim’s initial denial, and possibly more.
To schedule your free initial consultation with our Long-Term disability lawyers serving Welland, call 1-800-JUSTICE.
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Case Results
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We also have some videos on the topic of long-term disability claims
long-term disability FAQs
Here are some commonly asked questions for long-term disability claims
How long will it take to settle my case?
The duration of a long-term disability case can vary depending on a number of factors, including the reasons provided for the claim’s denial, the policyholder’s standing with their insurance provider, the complexity of the claimant’s case, the willingness of the insurance company to negotiate, Court availability, and other considerations. Generally speaking, it can take between 1-3 years for a fair resolution to be reached.
How much will I pay in lawyers’ fees?
Our long-term disability lawyers work on a contingency fee basis. That means we only get paid if the case is won, and our fees are based on a percentage of the compensation awarded. You will not be required to pay any upfront fees out-of-pocket in order to pursue legal action.
How long do I have to sue?
The statute of limitations for a long-term disability lawsuit in Ontario is generally two years from the date of the denial of benefits or the last payment of benefits. However, depending on the circumstances of the case, the lawsuit could be subject to additional time limitations. It is crucial to speak with a long-term disability lawyer as soon as possible, so as to not jeopardize your chances of recovering the compensation you deserve.
Do I have a strong case?
The answer to this question depends on the facts of your individual case. Our Ontario long-term disability lawyers should be able to evaluate the terms of your policy, review the evidence available to you, and consult with medical experts to assess the strength of your claim.
How much compensation will I get?
It is almost impossible to predict the specific amount of compensation you might be entitled to, however after reviewing the details of your case, our Ontario long-term disability lawyers may be able to provide you with an estimate that you could reasonably expect to be offered. The decision to accept settlement offers is yours and yours alone.
Do you represent insurance companies?
No, our long-term disability lawyers are solely committed to protecting the rights of policyholders who have been unfairly treated by insurance providers.
Will the insurance company continue to pay my disability benefits after we settle the case?
The answer to this question depends on the terms of your individual settlement. In most cases, the settlement will include a lump sum payment for past and future benefits. After agreeing to these terms and accepting this settlement offer, future benefits will no longer be paid. However, in some scenarios, insurance companies may only offer to settle for past benefits owing and might agree to continue paying benefits after the case is settled until the terms of the policy are reached.
Should I speak to the adjuster on my file after my benefits have been terminated?
It is not recommended that you speak to the adjuster on your file after your benefits have been terminated. Anything you say could be used against you. That is why it is best to consult with our long-term disability lawyers before communicating with your insurance company.
Got more questions?
If you have more questions or need legal help regarding long-term disability claims, contact our legal team for help.
We’re happy to help.
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