Understanding Your Rights in a Long-Term Disability Claim

In cases where an individual has been injured in an accident and sustains a temporary disability, they are usually covered by short-term disability benefits.  Furthermore, there are certain rights that protect you while you’re disabled and you need to be aware of them.  If you aren’t, your personal injury lawyer and his or her legal team will explain them to you.

You need to test for total disability when the individual is not in a position to complete the tasks of everyday living because he is not physically capable of doing it. When there are injuries that render an individual unable to work or do anything, it is classified as total disability. Amputations, paralysis, traumatic brain injuries, spinal cord injuries are just some of the reasons that you might need to file for total disability. You might need to hire a lawyer, to ensure that your rights are protected. In Ontario Province, there are 4 separate types of disability benefits, each of which is made up of a different set of procedures and rights.as follows:

CPP (Canada Pension Plan) disability benefits – assuming you meet all medical test requirements, these benefits cover you from the time you are injured up until retirement.  Once you turn 65 years of age, this coverage transitions into your pension benefits.  The amount you are paid is based on what you have contributed to your pension fund.

ODSP (Ontario Disability Support Program) – this covers individuals who are in dire financial straits or have been unable to work since they became disabled.  You are required to prove that you are in financial need.  You have several rights to be aware of under the ODSP including:

·         The right to an in-person meeting with your case worker (you can have an injury lawyer with you)

·         The right to appeal decisions that are made regarding your case

·         The right to obtain additional medical and prescription medication benefits

·         The right to obtain written decisions about your case

Private insurance long-term disability benefits – benefits are available by virtue of a contract with your employer or that you have obtained personally.  The procedures and a portion of your rights are dependent upon the insurance company’s contract.

WSIB (Workplace Safety and Insurance Board) – company employees pay into this government-based insurance.  It covers them should they be injured and disabled in a work-related accident.  Since this is no-fault insurance, you give up your right to sue your employer.

If any of your rights under the long-term disability programs listed above have been violated, you have several recourses available to you.  You can file an appeal with your insurer or file a complaint with the Ontario Human Rights Commission.  If your benefits have been dramatically reduced or terminated, retain the services of a personal injury lawyer and their legal team to represent you and commence litigation.  Don’t let the legal process overwhelm you and give up.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

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