When someone is injured through an accident, illness, or injury, they may attempt to obtain compensation from a short-term or long-term disability policy they purchased. Whether through a private company or their employer, an injured person with a disability should not have to struggle to obtain the benefits that they purchased. If you are disabled and frustrated with your attempt to seek compensation, contact the Preszler Injury Lawyers. We can help you understand the options that are available to you. For a free initial consultation, call us at 1-800-JUSTICE today.
Our disability lawyers can meet with you in Napanee for a free initial consultation. Call (416) 364-2000
Although every disability, illness, or injury is different, and every case is unique, some of the more common disability requests for short-term and long-term disability claims are as follows:
- Traumatic brain injuries
- Heart disease
- Back injuries
- Nervous system disorders
- Mental health conditions
- Chronic pain
If you are suffering from any of these medical conditions, you are likely in a great deal of pain and are interested in understanding your rights regarding obtaining disability benefits.
Napanee Disability Lawyer Near Me (416) 364-2000
If you have been injured and classified as having a short-term disability, you may still be unable to work for some time, typically less than six months. While this time frame is shorter than a long-term disability or permanent disability, it can still be devastating financially to not have the short-term disability benefits you have a right to receive.
Short-term disability benefits are paid out in a specific time frame, and they also have a financial cap. Under the best circumstances, the waiting period to receive benefits for short-term disability is within a few days of an illness or injury.
However, although short-term disability benefits are not long-term and typically do not provide significant amounts of income, they are necessary for those who have been determined to have a short-term disability. If you have been denied your right to short-term disability benefits or frustrated with the process, contact the Preszler Injury Lawyers at 1-800-JUSTICE today.
If you have suffered a severe illness or been seriously injured in such a way that you now have a long-term disability, you have the right to receive long-term disability benefits. While a wide range of illnesses, injuries, and conditions can cause someone to be disabled and unable to perform their work-related duties, under all these circumstances, a person should be able to obtain disability benefits.
Typically, a person will receive benefits from a long-term disability plan or the Canada Pension Plan (CPP). If your long-term disability claim to either of these entities has been denied, delayed, or terminated, we recommend you need to pursue the matter legally.
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Common Issues With Disability Claims
Insurance companies create policies that are complex and difficult to navigate and understand. Legitimate disability claims are often rejected simply because the person applying for disability benefits does not understand the insurance policy. If an insurance company does provide benefits, it may not be the amount that the person with the disability is actually owed. Without being able to understand the language in the documents, many people who bring disability claims, settle for amounts much lower than they deserve.
Disability Appeals Process
Because insurance companies deny so many disability claims, there is a commonly used disability appeals process. However, whether the denial was done by a private insurance company or the Canada Pension Plan will make a difference in how the appeal is handled. Both disability systems work independently of each other, and the appeals process for each is completely different.
The rate of denial from an independent and private disability insurance company is higher than that of the Canada Pension Plan. According to the Huffington Post, the CPP denial rate hovers around 60%, so the amount of disability claims denied by private insurance companies, which are not required by law to be published, is quite high.
However, it is not uncommon at all for people to appeal these denials. After receiving the denial letter from an insurance company, you can ask the insurance company to look at your claim again. This internal appeals process is called reconsideration, and it is required by law. An insurance company may ask you to get additional medical testing or provide additional information. These appeals can take a great deal of time, and unfortunately, they can be unproductive in the end.
An external appeals process is also available to those who have had their disability claim denied. An external long-term disability appeal will involve a neutral third-party, and essentially, it is a way to sue your insurance company. While not actually in a court of law, a tribunal is less formal than a court case, but will still meet and make a determination regarding your disability claim.
Filing a Lawsuit
You have the right to take your denied disability claim directly to a court of law. In these cases, a judge will hear all evidence regarding your denied disability claim in the provincial superior court. Some of the benefits of filing a lawsuit include attempting to receive past benefits, mental anguish compensation, punitive, and/or aggravated damages. If you win, the insurance company must pay your legal fees.
Deadlines for Filing Personal Injury Cases
Although most cases involving personal injury has a deadline of two years to file a lawsuit in court, there are some instances where the filing of an external appeal for a disability claim is only one year. Whatever you decide, you may have less time than you think to prepare your case and present it to a judge.
Contact a Disability Lawyer Serving Napanee
If you have suffered an injury or illness and have attempted to receive your short-term disability benefits or long-term disability benefits with no success, you may consider filing an appeal or taking your case directly to the courts. The denial of disability benefits is common, and a disability lawyer serving Napanee can help you work to build your claim and either file an appeal or take your case to court. Contact the Preszler Injury Lawyers at 1-800-JUSTICE today for a free initial consultation.