Suffering a personal injury that results in a disability can be incredibly tough and a life-altering experience. It can permanently change how you work and even your relationships with family and friends. While there is no cure for many types of disabilities, you can still take legal action to help secure financial compensation for your losses and suffering. This will ensure you can cover ongoing medical costs, as well as any out-of-pocket expenses related to the injury, such as lost income or living expenses while you are recovering.
Unfortunately, in many cases, long-term disability benefits are not automatically granted, and many people end up struggling financially while they await a decision on their claim. A personal injury lawyer can help you get the compensation you deserve, by filing a lawsuit on your behalf and making the process as stress-free as possible.
If you or someone you care about has a disability that was the result of an accident that was not your fault, you may be eligible for compensation through a personal injury lawsuit. Here’s how hiring a personal injury lawyer can help you with your disability claim:
Long-Term Disability in Canada
Long-term disability insurance is offered to employees to provide them with financial support in the event of an unexpected illness or injury that prevents them from working for an extended time. The term of coverage can vary, depending on the policy; it can last anywhere from one year to as long as five years or more. If your disability is permanent and it makes you unable to perform your job duties that constitute a key requirement of the position, you may get coverage until your retirement, i.e., age 65.
Getting approved for long-term disability benefits can be difficult in some cases, particularly if you have a pre-existing condition such as a mental illness or a physical injury that is well documented in your medical records. Acting promptly and hiring an experienced PI lawyer in Canada will increase your chances of qualifying for benefits. The lawyer will file the claim for you and help you gather the necessary documents and evidence to support your claim. In addition to ensuring that you receive the maximum level of compensation possible, the lawyer can also help you navigate the administrative process and ensure that you receive the benefits in a timely manner.
Personal Injuries Eligible for LTD Benefits
The coverage provided through long-term disability insurance varies depending on the type of policy and the company offering the plan. Injuries’ intensity or severity can be determined on a case-by-case basis. However, certain injuries are covered regardless of the extent or severity of the injury, such as injuries sustained in a car accident or an incident caused by negligent security, such as a slip and fall accident in a building where the property was not properly maintained.
Mental injuries are also covered as severe mental illnesses that can lead to prolonged periods of unemployment and impaired functioning in the workplace. Any chronic or serious physical illness or medical condition that affects your ability to work is also considered eligible for coverage.
Here are some of the personal injuries that are covered in the long-term disability benefits in Canada:
- Chronic pain
- Multiple sclerosis
- Arthritis
- Heart diseases
- Diabetes
- Kidney failure
- Fibromyalgia
- Military related injuries
- Carpal tunnel syndrome
- Neurological diseases like Parkinson’s disease and Huntington’s disease
- Post-traumatic stress disorder (PTSD)
- Anxiety, depression, and other mental health disorders
- Migraines
If Your Long-Term Disability Claim Is Denied
LTD claims are denied for a variety of reasons. Most often, the denial is based on pre-existing conditions that were not disclosed during the claim process. If your denial is the result of medical misdiagnosis or misunderstanding the injury’s cause, you may still be able to reclaim them in another hearing, and an experienced lawyer can help you do just that.
Long-Term Disability Benefits Terms
Generally, long-term disability benefits are covered after 5 to 10 weeks of personal injury. The payment can take longer depending on the type of injury and your employment. The policy also includes other factors such as the economic situation of the country, the kind of job you have done, and your age.
Getting prompt access to these benefits helps the injured victims to get back to their normal life after the injury. This is why it’s important to choose a qualified personal injury lawyer in Mississauga. It can help you know the details of your specific injury claim and help you to get the compensation you deserve.
How a Personal Injury Lawyer Can Help With Disability Benefits
A personal injury lawyer can help you receive rightful compensation for the harm you have suffered. Getting LTD benefits is a complex process that requires a lot of paperwork. Here’s how a personal injury lawyer can help you:
Assess Disability Claims
The first step in getting LTD benefits is to have your injury evaluated. A lawyer with significant experience in personal injury cases can do this evaluation for you. They can review all your medical records and determine your condition, ensuring you qualify for benefits. After this assessment is done, the lawyer will submit the claim for your disability insurance policy to your employer. They will navigate through the complex application process as well.
Application Process
Having a lawyer with experience in LTD benefits can help you expedite the process. Applying for LTD benefits requires a lot of paperwork that can be confusing and difficult to understand, especially while dealing with the aftermath of an injury. Having a personal injury lawyer by your side can help you get through the application process, making sure the correct information is filed, and all documents are complete.
Gathering All the Evidence
To support your claim, you need to gather the necessary documentation to prove the injury and the resulting disability you experience. The type of documentation depends on your injury and the specific conditions listed in your disability policy. A personal injury lawyer will prepare all the testimony and represent you in court. If necessary, they can work with medical experts as well.
Hearings
If your disability claim isn’t approved by your insurance company, you will need to attend a hearing where you will present your case. A lawyer will prepare you for the hearing by preparing your testimony, witnesses, and supporting documents. They will also guide you on how to conduct yourself during the hearing.
Negotiating with the Company
After the hearing, even if your disability claim is approved, you may still have to negotiate the settlement with your insurance company. A lawyer can help you negotiate the best settlement for your case. They can arrange a meeting with the insurance company and help you reach an agreement with them.
Reviewing the Offers
Once you have signed the settlement, the insurance company will send you an offer letter. Your lawyer will make sure the offer is reasonable and based on your medical needs and financial circumstances. You will also need to review the offer and submit your acceptance or rejection within 30 days. Your lawyer will also keep you informed about the progress of your case and help you submit any additional paperwork if necessary.
Explaining the Law
Navigating the system can be a challenging process for people without legal representation. Knowing your rights, obligations, and responsibilities will help you get the best possible outcome in your case. A lawyer can help explain the law and the complexities of the legal process in an easy-to-understand way. This will increase the likelihood of a successful resolution of your case and minimize the risk of litigation.
Handling Communications
Your PI lawyer can take on many of the communications responsibilities related to your claim, from outreach to insurance companies and your employers. They will be your representative in all communications and negotiations related to your claim.
Remember that everything you say to your insurer or employer can be used against you. Be very careful about what you say and do, and always seek advice from a lawyer before making any decisions or statements related to your disability claim.
Giving Your Peace of Mind
Your lawyer will act as your advocate when dealing with the insurance company. They will fight hard to get you the disability benefits you deserve and will keep you up to date on how your case is progressing. You will have peace of mind knowing that your lawyer is taking care of all of the legal aspects of your claim, so you don’t have to worry about it.
Looking for a personal injury lawyer in Canada? At Nanda & Associate Lawyers, we have experienced and qualified personal injury and car accident lawyers who can help you throughout the process of claiming compensation for your injury.
We also have immigration consultants that help with Canadian spousal sponsorship or extend work permits in Canada.
Book an appointment with us today to get started!
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
