Long-Term Disability Insurance is designed to cover two-thirds of the pay for employees who are too sick or injured to work for a period exceeding 13 weeks. While employers provide this benefit, all too often, the insurance company underwriting the policy seeks grounds to deny perfectly valid claims to “save money” and churn greater profits.
Should You Hire A Disability Lawyer?
Insurance law is complex, and it’s difficult to go up against these giants without an advocate, which is why many people contact Vancouver personal injury lawyers to represent them. Most people say they didn’t feel like the insurance company “took them seriously” until they sought legal representation. Preszler Law offers free consultations to anyone in Vancouver who is interested in filing for first-time LTD benefits, appealing an insurer’s decision, or pursuing alternative financing options in the wake of denial.
Internal vs. External Disability Appeals
When going it alone, most individuals work through the insurer’s process of internal appeals. This is exactly what they want you to do because it affords them every opportunity to deny and delay. It might make sense to file an internal appeal if you missed a doctor’s appointment and have since attended a rescheduled session, if your claim required some basic clarification from your doctor, or if you skipped a treatment session that can easily be fulfilled to re-open your case. For most patients, the internal appeals system is a waste of time because the insurers are under no obligation to reverse their original decision; they need only show a fair effort to handle your appeal.
Going through a neutral third party like a personal injury law firm with an external appeals process is often much more successful in exerting pressure on the insurance company to fulfill their end of the bargain. External appeals are especially vital if the company doctor has examined you, they deny you based on a technicality like preexisting conditions or a missed deadline, or the insurer claims you are “not under approved medical care.” Your case may go before a tribunal hearing if you are a union employee, or it may go to court before a provincial Superior Court judge and jury. The benefit of the latter is that you may claim past benefits owing, compensation for mental stress, punitive and aggravated damages, and the cost of legal fees. While the tribunal is pitched as a convenient and quick remedy, the courts hold more power to secure maximum compensation. It is always best to consult with a personal injury lawyer.
Personal Injury Lawsuits with Preszler Law
If you have exhausted your number of valid appeals or missed a vital deadline in the appeals process, there may be alternate options available to help you cover the cost of living while you’re unable to work. British Columbia generally allows people up to two years from the date of illness or injury (or from the date of the full realization of harm) to file a personal injury lawsuit, when applicable.
You may succeed with a long term disability law firm if your illness or injury can be traced back to:
Meeting with a long term disability lawyer at our firm costs you nothing in these cases. If we agree to represent your claim, you pay us nothing until your case wins in court. We cover all the upfront expenses associated with pursuing a lawsuit. If your claim is successful, you may receive money to cover past and future medical expenses, lost past and future wages, pain and suffering, and (in rare cases) punitive damages.