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If you have become disabled through an accident, injury or any other cause, you may be able to claim benefits under a private or employer-sponsored long-term disability insurance policy. Without a lawyer on your side, your long-term disability insurance claim may be denied, or the benefits may be delayed.
In some cases, disabled people find that their benefits are terminated by the insurance company. The insurance company may decide that you are no longer disabled, even though you are unable, or not ready, to return to work. If you accept its determination and go back to work before you are ready, the insurer is setting you up for failure on the job.
Frequently Asked Questions
Yes. The Family Law Act provides for recovery to some extent for the loss of guidance, care and companionship, as well as certain out of pocket expenses. Additionally, the accident benefits insurer (most often your own insurance company) pays certain expenses to family members.
After the initial two-year period, you will continue to receive disability benefits only if you cannot perform any job at all — not just your own. If you do not meet this test, you will be expected to go back to work.
An Income Replacement Benefit is not payable for the first week of missed work. After the first week, you must suffer a substantial inability to perform the essential tasks of your employment. The test changes after two years. After 104 weeks (two years), the question is whether you suffer a complete inability to engage in any employment, for which you are reasonably suited by education, training, or experience.
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