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Legal Services

Short and Long Term Disability Insurance Litigation 

Disability Insurance is the safety net that provides you with the ability to earn an income when an unexpected illness or accident makes you unable to work. When an illness leaves you bed-ridden or an accident prevents you from functioning normally at your workplace, it is imperative that you are still able to earn an income, as the consequences of losing that income are detrimental to every citizen of Ontario. In some cases, this disability insurance, meant to protect you and your family from this unfortunate financial situation, is denied, delayed or reduced. In cases such as these, you and your family are left without pay as you recover from the unexpected incident and yet have to ensure that your bills are being paid. This can be complicated and extremely stressful, which is why there are disability lawyers that will fight for your rights for you - ensuring that you recover financially, just as much as physically. 

Many individuals have private insurance policies that provide income protection in the unfortunate event of them becoming disabled. These types of insurance plans are generally obtained through group benefits provided by the individual’s employer. In many cases, however, the individuals who filed a disability claim are often denied by their insurance company the ability to receive this compensation, based on the claim being labelled as invalid.

The insurance company is able to delay, deny, or possibly undervalue the claim put forth by an injured or ill employee. This can be based on their reasoning of an invalid disability claim, but it can also be based on less subjective errors.

Our disability insurance lawyers at Pretsell Davies Thompson Benton LLP service Eastern Ontario with office in Belleville and Prince Edward County and are highly experienced with all types of disability insurance denials, delays and undervalued claims. Your financial health is our main focus, as you ensure that your mental and physical health are being properly recovered.

Our disability lawyers take these cases on a contingency basis, so you do not have to pay any legal fees to PRETSELL DAVIES THOMPSON BENTON LLP unless we win. 

Let our disability lawyers fight for you and get you the compensation you deserve! 

 

Defining Disability

There is not one single definition of the term “disability” as it relates to the benefits provided within a claim and how an individual can ensure that he/she qualifies, as this is dependent on the situation at hand, the insurance provider of the individual and the insurance plan in question. 

Short Term Disability Benefits

Short term disability typically provides up to 6 months of financial coverage as the injured/ill individual recovers - the amount and duration of compensation is dependent on the case.

Long Term Disability Benefits

Long term disability insurance benefits usually last up to two years after the short term disability period and replace 60-70% of the individual’s regular income rate. This amount and duration of compensation is also largely dependent on the specific case.

In most cases, private disability insurance will pay disability benefits if you are disabled from doing your “own occupation” for the first 24 months and then thereafter will pay disability benefits if you are disabled from doing ‘any occupation’ until age 65.  

Disability From Own Occupation 

Disability from your own occupation means that the employee is unable to work within their own occupation, or their regular occupation, due to illness or injury. In this type of situation, the individual becomes incapable of completing the duties and responsibilities assigned to them normally within their regular job. 

Disability From Any Occupation 

Disability from any occupation means that the employee is unable to work within any gainful occupation, due to illness or injury. In this situation, the individual becomes incapable of performing the tasks required of any suitable job that the individual is qualified to work within. This is based on his/her education, experience, abilities, and training. 

Understanding your rights as an injured or ill employee can be a complicated process, however our knowledgeable lawyers at Pretsell Davies and Thompson Benton LLP are here to make that process simple for you.

 

SUING FOR YOUR DISABILITY BENEFITS

When an employee’s disability claim is denied, delayed or undervalued, the employee will often be giving the option of “appealing” the insurance company’s decision internally. It is at this point that you should contact PRETSELL DAVIES THOMPSON BENTON LLP to evaluate whether you should pursue the appeal process or commence a lawsuit. In our experience the internal appeal system rarely overturns the original denial and results in an unnecessary further delay of the claim.   

Pretsell Davies and Thompson Benton LLP lawyers in Belleville, Ontario have ample experience with all types of denied disability claims and are prepared to handle these cases for you with the expertise required to get the results you deserve.

When you hire one of our qualified disability lawyers, you are hiring them to:

  • Handle your case with expertise 
  • Review your policies in detail
  • Prepare your paperwork and documentation 
  • Represent you in court/meetings/hearings
  • Communicate on your behalf
  • Protect your rights 
  • Negotiate on your behalf 

 

Let Our Disability Lawyers Fight For You 

Are you in need of a disability lawyer in Eastern Ontario? At Pretsell Davies and Thompson Benton LLP, our disability lawyers have the necessary expertise in bringing action against these insurers in order to assist the disabled individual in obtaining your entitled benefits. It is important to note that there is generally a limitation period of two years in which a lawsuit must be commenced from the date your benefits are denied. If your disability claim is denied, please give us a call today and we will give you a FREE CONSULTATION! Our team of disability lawyers typically take these matters on a contingency fee.

As a full service law firm, providing the best legal expertise and representation in Eastern Ontario, we strive to meet and exceed the expectations of each of our clients.

 

Contact Pretsell Davies  Thompson Benton Lawyers

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