One in seven Canadians – 3.8 million in total – reported having a disability from a long-term health condition or debilitating injury. At Preszler Law, we know that these disabilities usually include pain, limitations to mobility, and symptoms that affect daily life, forcing Canadians to stop working. Roughly 60 percent of British Columbians applying for long-term disability wage replacement benefits will need to take legal action to overcome denial. Our personal injury law firm can take care of your claim from our neighboring offices in Surrey, Burnaby, or Richmond.
Why Should You Apply for Long Term Disability?
In British Columbia, employers provide Long-Term Disability (LTD) insurance policies as part of a benefit package. Workers are entitled to this protection, should they become too ill or injured to work. There is no shame in collecting the benefits you have worked for all these years.
If approved, LTD benefits typically cover an individual until a return to work, age 65, or the definition of disability changes. The precise amount received depends upon what your regular pay has been, but generally ranges from 50 to 70% of what you would earn. However, it’s always best to consult with a personal injury lawyer for the exact amount.
Why Are LTD Claims Denied?
Like any insurance company, LTD insurers can deny perfectly legitimate claims based on policy “technicalities” as a way of “saving money” and reaping greater profits off the backs of employers. Some of the reasons are baked into the policy – obscure definitions of “disability” or expansive exclusions crafted by a legal team. In other cases, disabled workers may fail to follow proper claims procedures or provide insufficient evidence of a disability. It could boil down to getting a medical professional who believes in your suffering to testify on your behalf. Most of the people we meet with have tried to go it alone but find themselves holding a denial letter.
What Is The Limitation Period?
As with anything, you have a limited time period to submit proof of your original claim and a limited time period to appeal a denial. After 13 continuous weeks of disability or the expiration of paid sick leave, an employee has up to 90 days to submit medical evidence substantiating the long-term disability. You have up to two years from the moment of denial to file a claim against the insurance company. Often, they will steer you toward their internal appeals process in an attempt to waste time, so you cannot pursue legal action through a long-term disability law firm.
Get A Free Consultation
It’s never too early to hire a Preszler long term disability lawyer. We can help you, whether you’re just thinking about applying or whether you’ve already been denied. We’ll make sure your claim proceeds in an appropriate time frame, find the best local medical doctors to help validate your claim, and negotiate sufficient payments.