Disability Claims

A personal injury or illness can be devastating, leading to months or even years of recovery.  During this time, you still need to support yourself and your family.  This is what disability coverage provides.

There are 5 main types of disability coverage in Ontario:

  • Workplace Safety and Insurance Board (WSIB), which covers disabilities caused by personal injuries suffered at work.
  • Employment Insurance (EI), which is provided by the Federal Government, and covers loss of income due to injury or illness for up to 119 days.
  • Short Term Disability (STD), which is provided by private insurance companies to cover loss of income for a few weeks.
  • Long Term Disability (LTD), which is also provided by private insurance companies to cover loss of income for months or years.
  • Ontario Disability Support Program (ODSP), a Provincial government program for those who are disabled due to injury, illness, or medical condition, and do not have any other type of disability coverage.

When Do I Need a Lawyer For a Disability Claim?

In a perfect world, after a personal injury or illness you would be able to apply for and receive disability coverage without any worry of rejection or having to face a long appeals process.  Unfortunately, we do not live in a perfect world, and disability applications can be rejected, or your disability coverage might be terminated before you have had time to recover.

These rejections can occur for a number of reasons.  The insurance company might have an imperfect understanding of your medical condition.  You might have made a mistake on the paperwork, or missed a deadline.  They might even have disqualified you without any just cause.

While there is an appeals process, this has its own dangers.  Insurance company appeals can be very time consuming, lasting long enough that by the time you have decided to file a lawsuit, you are no longer able to because the statute of limitations has passed.  If this happens, you can find yourself unable to work due to your disability and left without coverage to help support you and your loved ones.

A personal injury lawyer can help facilitate the entire process of filing a disability claim, ensuring that it is filed on time and with the correct paperwork, and serving as your advocate if the insurance company denies your claim or cancels your coverage.

The best way to ensure that you get – and keep – the disability coverage you need is to contact a personal injury lawyer as soon as possible.  A qualified personal injury lawyer can ensure that your documents are in order, that you are receiving the correct amount of compensation in your disability coverage, that a settlement offer is reasonable after a lawsuit has begun, and, if it becomes necessary, represent you in court to get the justice you deserve.

What Should I Do For My Disability Claim?

When you have suffered a personal injury severe enough that you need to claim disability coverage, there are a number of steps you should take as soon as possible:

  • Seek immediate medical aid, and ensure that your injuries and treatment are documented.  Also, have your family doctor conduct a thorough examination to document any emerging symptoms or additional injuries.
  • If your injury took place at work, inform your supervisor and file a claim with WSIB as soon as possible.
  • Gather as much information as you can and document the accident.  This includes taking pictures of where you were injured, getting the contact information of any witnesses, and documenting the cause of your accident.
  • Document how your life has been impacted after the injury.  This includes any pain and suffering due to your personal injuries, no matter how small, as well as any impairment to your daily routine, from work to recreation.

Why Lerners For My Disability Claim?

If you or a loved one has suffered a debilitating personal injury that requires a disability claim, Lerners Personal Injury Lawyers can help.  Our qualified lawyers have the experience with personal injury claims and disability law you need to help you or your loved ones navigate the legal landscape, ensure that your insurance company is dealing with you in good faith, and help you get what you need and deserve.  And if you cannot come to us – if you are recovering in the hospital or at home and are unable to travel – we will come to you, as well as provide a free initial consultation.

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