Disability Claims Denied?
Many Canadian employees enjoy the perks of having short term and long term disability benefits as part of their employment contract. Most people never need them. However, isn’t it great to know these Peace of Mind Contracts will cover part of your income if you require time off to recover from an illness, injury or disability? Then think again, because a majority will have their disability claims denied.
If you are disabled due to an illness or injury and find yourself unable to work, there are several sources, private and government-funded, that you can turn to for income replacement.
Short Term Disability Claims Denied
No-one should let you believe that your short-term disability benefit is a special privilege. If your employer offered it as part of your remuneration, then it is just like your salary. You are entitled to it especially when you are ill and need it the most. Denied disability claims, for no good reason, are a material breach of your employment contract. And that is why a personal injury lawyer may not be able to help you when the insurance company denies your disability claim.
Long Term Disability Claims Denied
If it is clear from the onset that your condition will require you to be off from work for over 120 days, it is best to submit a long-term disability claim application as soon as possible. However, you must keep this fact in mind. Insurance companies do not benefit from paying out your claim. They make the application process onerous. And this will be very frustrating to navigate especially when you are ill. If you are faced with continuous denials of your long term disability claims, no matter what your physician says, you will require our help.
Disability Benefits Cut-Off
While recovering from an illness or injury, you will sometimes find yourself being harassed by your insurance administrator, who demands you return back to work before you, or your physician, say you are ready. After frustrating you through the application process, this is yet another obstacle course they throw in your way. They may try to force your hand by having your disability benefits cut off prematurely over a technicality. You clearly need to understand what is going on here and contact us right away.
Employer’s Duty To Accommodate
The challenges faced by ill and disabled workers often get magnified when they return back to work. Some employers are simply not prepared to reintegrate them back into their previous positions. Your doctor’s accommodation request or a gradual return plan could be ignored and you may start to feel unwelcome. These are classic circumstances that lead to an unwilling resignation and a constructive dismissal lawsuit. Well before things degenerate to this level, contact us. We can help.
Age Discrimination: Benefits Cut Off At Age 65
Retirement is no longer mandatory at age 65. However, the law permits employers and insurers to cut off or reduce your disability benefits when you turn 65 years of age. Several cases have been tried before the courts breaking holes in the current legislation. If you find yourself footing expensive medical bills overnight, simply because you turned 65, contact us.
Legal Fees are the main reason why people avoid seeing a lawyer. We can likely alleviate much of that anxiety at the very first meeting. An initial assessment of your disability case is usually free. Furthermore, for the majority of cases, our fee is charged as a percentage of the settlement we obtain for you.
We take on a vested interest in seeing your case succeed.
Legal fees should never deter anyone from seeking their entitlements.
Disputes between insurers, employees and their employers almost always require legal intervention. You will need a competent lawyer proficient in both employment law and medical terminology.
Lecker & Associates has over 35 years of experience in this very specialized area of litigation. Our employment lawyers understand how to play this game.
We can likely help you better than anyone else.