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Injuries can be difficult.

We can assist you to make your recovery a smooth transition.

1-905-940-5554

If you are dealing with a Disability Claim, call the experts at PW Lawyers.

Getting injured at work is stressful.

We can assist you to make your recovery a smooth transition.

Long Term Disability

Do you know what to do if you are injured at work?

What if you slip on vacation and break your hip?
Do you know the necessary steps to take to file your Long term Disability claim?
Has your work denied your claim and now you are facing with a large amount of debt?

Long term disability insurance is designed to provide replacement income when you become disabled at work.


About Us

PW Lawyers represents a wide range of clients that have been denied benefits under their group benefits packages. Every long term disability policy is different, however, many policy applications contain time limits, mandatory medical records, and updates on treatment.
Often, these policies are subject to a change of definition in which the insurer’s interpretation of disability changes or the time limit is disputed. Any of these circumstances can happen to you during your claim. We are here to help.

If your application was denied, your benefits have been terminated or need legal advice on your long term disability claim, contact us today for your free consultation : (905) 940-5554



Frequently Asked Questions

Benefits of Hiring an LTD Lawyer

The main reason people have insurance is to secure back-up financing for unexpected events that involve large financial costs. This is why everyone pays premiums in exchange for future capability to get monetary assistance from the insurance company. If your insurance provider refuses to approve your claim, things may become complicated.

  • Long term disability lawyers are paid to represent people who fail to get approved claims. They are the best person to turn to when your insurance company refuses to release the amount you are asking. Due to their firsthand experience, you can be confident that they are capable of following the processes required to make a proper appeal.
  • Getting legal counsel doesn’t mean that you will be filing a case against your insurance provider. All it means is that you are following the legal process of appealing to court about an issue that needs further attention and resolution from your company. A lawyer can help in minimizing the issue by leading the appeal into either mediation, arbitration or appraisal.

Mediation is an informal and involuntary negotiation between both parties that occur outside court.

Arbitration is a more formal approach to mediation, but is still regulated by a third party mediator. This type of agreement can be binding or not depending on the consensus of the parties involved.

Appraisal is when the losing party decides to provide compensation over the amount of the insured loss. It involves appraisers and umpires in order to make a fair judgment.

  • Toronto disability lawyers can also act on your behalf during proceedings. If you have a demanding job or are in medical rehabilitation and cannot attend to the matter personally, a lawyer can ably represent you. This includes negotiating between your insurance company and the court of appeals. This is very convenient especially for those who have undergone serious injuries that impede motor skills.

Once you are unable to work and are unsure of what to do, it would be best to seek legal advice immediately. This will lessen the damages caused by inexperience. Due to the nature of insurance companies, a single missed deadline, misrepresented data, or incorrectly filled form can put your insurance benefits into jeopardy. Contact Us today for your assessment.

Apart from all the benefits, a Long Term Disability lawyer can:

  • Prepare your insurance claim documents for application. If you have sought a lawyer’s help before filing a claim, he or she can create the documents and make sure that you comply with the company’s requirements.
  • Prepare your lawsuit documents in order to successfully get a claim from your insurance provider. Courts actually do not accept additional evidence apart from the administrative files obtained from your insurance provider. This means that an uninformed person might be walking into a trap if he is not aware of this. A knowledgeable lawyer would be able to ensure that you have complete supporting documents on file before filing a law suit and then present favourable evidence to win the case.
  • Hire vocational experts as valid testimony for your case. This is essential especially if you have a strong case but lack documentary proof.

How to Get a Good LTD Lawyer

In order to find the best among the long term disability lawyers (Toronto), you need to weed out the ones that are not known to be successful first. It can be cheap to hire a starting lawyer, but the repercussions of getting an inexperienced person can cost you your case. Listen to word of mouth on the streets and news. Ask your friends and family. Get suggestions from people you trust and know that have sought legal counsel before.

Once you have several people in mind, follow the subsequent steps:

  1. Remove those that deal with corporate cases. Chances are, they are more experienced representing your insurance company than your side of the equation. Look for lawyers that are known to handle personal disability claims filing.
  2. Make sure that the remaining lawyers have knowledge and experience on all the above mentioned facts. It should be emphasized that a lawyer should be capable of the basic processes involved in your type of case. If not, consider your other options.
  3. Book an appointment and choose those who can readily tackle your case immediately.
  4. Narrow down your list to less than five and meet or talk to them for a free consultation .
  5. Lastly, make sure that the lawyer you choose charges on a contingency fee approach. This way you don’t have to pay anything if you lose the case. You should expect to pay 25 to 40% of your claim proceeds if you win since this will cover the lawyer’s fee, litigation costs and all other expenses.
What is the ||waiting period||?
A waiting period is the qualifying period the insurance company takes to clarify your policy. This period can range from four months to 52 weeks. However, in some claims, an employee can qualify for early intervention.

An early intervention is when the insurance company gets involved in your claim within a few days of incurring your injury.

What are time limits?
Time limits are the amount of time you have to file your claim. Each and every policy is different. If you occur any delays in your policy, it can change the outcome of your benefits.
What records should I provide?
Your insurance company will request from you a series of documentations for your application. As each insurance company is different, most request the following:
  • A physician statement
  • Employee’s statement
  • Medical information and employer’s statement

*More documents may be required by your insurance company.

What types of disability are covered?
Each coverage varies from policy to policy. Usually, policies cover any type of injury or illness that prevents you from being able to work.

Some policies exclude certain illness and work-related injuries. To find out if your injury or illness is covered, contact us .

What reasons could terminate my Long Term Disability Claim?
There are many reasons you claim may be rejected or terminated.
Below is a list of most common and possible reasons:
  • You are the age of 65 or attain the age of 65
  • You are in prison
  • You are retired or retire during the duration of the claim
  • Required documentation was not submitted
  • You recover fully
  • Refuse to participate in treatment program
  • Fails to report for a medical examination
  • Start a new job
  • Refuse to continue application process
  • Death (in some cases your estate can receive a lump sum of your benefits)
My insurance company changed the definition of my disability and now I am no longer eligible to receive my benefits! What does this mean?
Since Long Term Disability is not standardized, your contract can be subjected to change. Usually, policies require that the insurance company pay for your benefits for two years, as long as you are unable to work your previous job. After the two year mark, your insurance company can stop your benefits unless you provide evidence that you are unable to work any job due to your disability.
My insurance company terminated my claim but I am not recovered to go back to work! What do I do?
Document and keep all records of your insurance company telling you about your termination. In many cases, policies require an objective tracking of evidence throughout your claim.

Objective evidence is physical evidence that supports your injury. Such evidence includes doctor visit documentation, test and imaging results, consultation documentation etc..

It is important that if your claim has been terminated and you are not ready to go back to work; you need to keep a paper trail and you will need to seek legal advice. /contact-us/

Does my age matter?
Yes.

The benefit period ends at the age of 65. With some insurance companies, if you are totally disabled at 65, your benefit can extend for 24 months before the age of 75.

You could be eligible for the Canada Pension Plan (CPP) disability benefit. The CPP disability benefit is available to those that have made a contribution to their CPP and who are not able to work regularly due to their disability.

I am part of a union, are the claims different for me?
Yes. Being a unionized worker means you have other factors to consider, compared to a group or individual insurance policy.

If you have a “self-insure” benefits package, you have entered into the Administrative Service Only (ASO) Agreement with the insurance company. This allows the insurance company to act as the administrator of your plan. The insurance company will process and cover all the significant steps in your claim.

When a claim is denied or terminated under “self-insure”, you are eligible under the Collective Bargaining Agreements (CBA) to dispute your termination or denial. This dispute will go through a hearing with the union.
Legal representation is required in these hearings.

My payable income has reduced significantly! Why?
Other sources of income during your claim can reduce the amount of payable income of your benefit. This may be due to direct and indirect offsets.

Below is a list of direct and indirect offsets:

Direct Offsets

-Any income received by the government (Ex. Social Services Ontario Works)
-Benefits programs including Canada Pension Plan (CPP), employee disability benefits, Worker’s Compensation
-Benefits paid under an auto insurance plan

Indirect Offsets

-Retirement benefits linked to any employment
-Canada Pension Plan (CPP) disability pension benefits payable to you by your dependants
-Benefits payable from any association or other group benefit program
-Income from any job or business for profit

Filing for your Long Term Disability claim can be a rigorous and strenuous process. At PW Lawyers, we are able to help you through this process so you receive the care you deserve.

If you have any questions, do not hesitate to call us for a free consultation at (905) 940-5554.

  • Accident

    Any event or circumstance resulting to injury or damages to the insured. It is also a term included in an insurance policy describing possible scenarios where coverage can be triggered.

  • Accident Benefits

    A package of benefits that can be claimed in the event of an accident clearly under the coverage of the insurance agreement.

  • Activities of Daily Living (ADL)

    The term generally refers to people’s daily self-care activities such as eating, toileting, dressing, bathing, transferring, and maintaining continence.

  • Adjuster

    A person from the insurance company or an independent adjusting bureau who settles claims. An adjuster conducts the investigation of the claim and determines the maximum coverage for the insured.

  • Advocate

    A person who supports or promotes a cause or policy.

  • Appeal

    A request made to a higher level of authority for review of a decision

  • Appeal Period

    The timeframe in which one can file an appeal.

  • Bad Faith

    A term that describes an obvious unfair or unlawful conduct that exceeds mere negligence.

  • Beneficiary

    An individual designated to receive something, such as financial compensation or rehabilitation services, as a result of a legal claim or insurance policy.

  • Benefits Claim

    Compensation or financial assistance for the loss of the insured provided by the insurer based on the terms of contract in an insurance policy.

  • Beyond Reasonable Doubt

    The degree of proof needed in a proceeding for a claimant to prove a disputed claim.

  • Brief

    A written statement outlining the argument of a case. This document often contains objective and legal arguments, as well as references to any laws or cases that are being relied on to support those arguments.

  • Car Accident
  • Caregiver Benefits

    Compensation or financial assistance provided to caregivers (the insured) by their insurance company.

  • Claim

    A statement of a legal right. (Ex. Insurance Claims state that you are entitled to a certain support due to injury)

  • Claim Denial

    When a statement of a legal right is denied by the designated governing body. (Ex. An Insurance company denies an insurance claim filed by someone who has been in a car accident, and needs financial and medical support post-injury resulting from the accident)

  • Compensation

    Money claimed by or ordered to be paid to a person as reimbursement for loss or injury

  • Compensatory Damage

    Financial compensation given meant to make amends to the loss or damages sustained.

  • Consent

    An agreement or permission granted, voluntarily, by a competent individual, either orally or in writing.

  • Consultation

    The act of deliberating and discussing matters in order to reach a decision.

  • Contingency Fee

    Fees payable to a lawyer only if a case is successful. The contingency fee is proposed before the case is pursued, and usually equals to a percentage of what a client recovers.

  • Contract

    An oral or written agreement between parties in which there is a mutual promise to each other. (Ex. Your Insurance Company has a contract with you, and outlines what each party will do in the event of filing a claim)

  • Corporation

    A term that refers to a company as a whole other person or entity.

  • Coverage

    A set of conditions laid out in an insurance contract to serve as protection to the insured.

  • CPP Denial

    Refers to the denial of a Canada Pension Plan claim.

  • Damages

    Money claimed by, or ordered to be paid to, a person as compensation for loss or injuries

  • Death Benefits

    Financial assistance payable by the insurance company in the event of the death of an insurance policy holder.

  • Deductible

    An amount deducted from a loss before the insurer pays up the insured his total proceeds.

  • Denied Claim

    The event in which a submitted claim has been denied or rejected by the insurer.

  • Deposition

    A pretrial interview with a witness under oath for the purpose of obtaining evidence related to a lawsuit without the presence of a judge or jury.

  • Disability

    A condition that renders a person unable to move or perform his daily living activities normally.

  • Disability Claim

    A request for compensation or financial assistance in the event the insured has a disability or impairment.

  • Disability Dispute

    A disagreement in terms of claim entitlement or coverage due to certain conditions of the disabled insured.

  • Disfigurement

    A condition in which the damage has rendered the original object unrecognizable due to extensive damage.

  • Duress

    Someone being forced to do something through physical, psychological or emotional pressure (Ex. This can involve pressuring an insurance holder to use their own finances and not their entitled insurance benefits to receive proper care/treatment)

  • Economic Loss

    Damages incurred due to unforeseen economic changes.

  • Expert / Expert Witness

    A person who has a developed skill set and knowledge base on a certain subject and is therefore accepted by the court as being able to form opinions on evidence presented during the case, as well as to assist the judge. An expert may also aid in supporting an insurance claim, such as a Doctor, OT, PT, Social Worker, etc.

  • General Damages

    Damages for non-financial losses suffered by a claimant. Examples of such include pain, suffering, and disfigurement.

  • Health Care Expenses

    Expenses incurred for paying hospitalization, medical bills, and caregiver aid.

  • Impairment

    The loss of mental or physical functions, temporary or permanent, due to illness or injury.

  • Informed Consent

    Affirmation to be requested by a medical professional from the patient before performing any kind of medical procedure or treatment.

  • Injured

    An individual who has incurred physical or mental damage due to an accident.

  • Insurance

    An agreement between an insurance company and an individual or entity written on paper describing the duty of the company to reimburse the individual for loss or damages with the condition that the individual has provided considerable amount in the form of premiums.

  • Insurance Benefit Claim

    An entitlement to an insured for loss or damage described in the insurance policy.

  • Insurer Examination

    An assessment conducted to determine the soundness of a claim.

  • Jurisdiction

    The official power or legal authority to make legal decisions and judgements.

  • Lawyer Fee

    Compensation given to a lawyer for legal services.

  • Liability

    The legal responsibility or a financial obligation

  • Limitation Period

    The time limit for filing an insurance claim, appeal etc. Limitation period also is a legal term referring to the required timeframe for commencing or filing a legal proceeding.

  • Limitations Act

    A Canadian law that governs and explains the allowable limitations imposed on an insurance agreement between the insurance company and the individual or entity.

  • Long Term Disability

    A condition determined under specific conditions within a policy to be long-term or lifetime. Most policies consider all diseases or conditions that are determined to result in death long-term.

  • Long Term Disability Claim

    An assistance entitlement to an insured who has lost its ability to care for his/her self.

  • Long-Term Care

    Any medical or physical assistance required by a person with disability or illness who does not have the capacity to car for his/her self.

  • Lost Wages

    Loss of salary due to the insured being unable to work because of a disability or illness.

  • Material Witness

    A person with knowledge or information of a subject matter that has a significant effect to the outcome of a trial.

  • Mediation

    A negotiation or meeting between two parties to come up with an agreement and resolve the outstanding disputes.

  • Medical Benefits

    Financial assistance given to the insured for use on medical expenses.

  • Mental Illness

    A broad term referring to a condition wherein an individual is considered incapable of understanding or thinking within the lines of a normal or sane person.

  • Mentally Incapable

    A condition in which a person loses the capacity to understand relevant information.

  • Negligence

    The failure to take reasonable care and responsibility to prevent foreseeable harm to others.

  • No-Fault Insurance

    This is a type of insurance in which the insured is reimbursed by the insurer regardless of who caused the fault that resulted to the losses. It is similar to a first-party coverage but is a widely used term in Canada, United States and Australia to refer to automobile insurance wherein the insured and its passengers can be reimbursed without proof of fault.

  • Occupational Therapist

    Skilled workers that treat injured, disabled or ill patients through therapeutic methods.

  • Optional Benefits

    Additional benefits an insured can add or remove from his policy to increase or decrease his premiums.

  • Out-of-Court Settlement

    An agreement or solution to a dispute without the intervention of the court or a jury. Most agreements are settled by giving an agreed sum of money to the plaintiff so he/she can sign a legal document waiving the rights to pursue the case.

  • Pain and Suffering

    A general term referring to emotional and physical discomfort, or other non-quantifiable illnesses that a claimant can use to collect compensation from the negligent party.

  • Party

    Any individual referred to as the defendant, plaintiff, cross-complainant, or cross-defendant in lawsuits.

  • Personal Injury

    Refers to any physical or emotional illness that renders the insured incapable of normal daily function.

  • Physical Therapist (PT)

    Trained and highly educated health care professionals who provide assistance to patients with disabilities for the purpose of lessening the pain and restoring mobile functions.

  • Physiotherapist (PT)

    Trained individuals that help people with disability and injury to practice motor and mental skills, as well as help in managing pain and mental stresses.

  • Plaintiff

    A person who brings a case, commences an action, against another in the court of law

  • Policy Team

    The duration in which a policy is in effect or provides the insured cover.

  • Power of Attorney

    An authority to act on behalf of another person in legal or financial matters. Also may refer to legal document that authorizes a person to make, on the grantor’s behalf, decisions concerning the grantor’s property and personal care. Allowance and boundaries of the Attorney’s power would be outlined and contained within the written document itself.

  • Pre-Claim Examination

    An assessment or examination conducted by the insurance company or adjuster before approving or releasing claims.

  • Proof

    Written statements with a standard format that prove the credibility of an insured’s claim.

  • Psychiatrist

    Medical doctors that evaluate a patient’s condition to determine whether it is caused by physical, mental, or a combination of both and not psychiatric.

  • Psychologist

    A professional who evaluates the mental condition and capacity of an individual.

  • Punitive Damages

    Damages awarded to punish a defendant for their “purposely harsh, vindictive, or malicious behavior”. This amount often exceeds simple compensation.

  • Quality of Life

    The general well-being of an individual.

  • Reasonable Care

    A term used to refer to care needs an insured may require that are in line with the limitations outlined in the insurance policy.

  • Recovery

    Also referred to as claim recovery. It is commonly called as subrogation and is a legal term referring to a situation wherein the insurer assumes the insured’s right to pursue a claim against a wrongdoer.

  • Rehabilitation Benefits

    A compensation given to insured workers that have been injured in a work-related accident.

  • Remedy

    Also known as judicial relief is the means in which a court imposes its will in the form of penalty, court order or right enforcement.

  • Representative

    An individual acting as legal substitute with the full knowledge of the insured.

  • Settlement

    An agreed amount by both parties paid to the plaintiff to settle a dispute.

  • Short Term Disability (STD)

    A condition in which the insured cannot perform his duties due to disability or illness for a specified period of time.

  • Short Term Disability Claim

    Compensation given to an insured who cannot perform his duties due to illness or injury and is therefore deemed incapable of earning income for daily life.

  • Social Worker

    A skilled or trained individual that provides assistance to individuals and families to enhance their general well-being.

  • Special Damages

    Damages intended to compensate a plaintiff for aggregated monetary loss. Examples of such include: lost earnings, medical bills, and repair costs.

  • Statement of Claim

    A written legal notice presented to an individual from someone whom he has a disagreement with. These notices are usually written by a lawyer to present whatever claim the complainant has against the individual.

  • Statutory Accident Benefit

    Compensation provided to accident victims as mandated by the laws of the state or the country.

  • Strict Liability

    A person is held liable owing to the fact that an act has occurred. Proof of intent or negligence is required to seek strict liability compensation.

  • Subpoena

    A legal document that compels a person to attend proceedings as a witness in a legal case, in order to give a testimony. Evidence may also be subpoenaed, submitted to a court of law, to help back up a claim made in court.

  • Summons

    A legal notice issued to the plaintiff and defendant to commence a civil action or legal proceeding for the purpose of acquiring jurisdiction over a party.

  • Tort

    A private or civil wrong doing resulting to legal liability.

  • Treatment Plan

    A documentation tool detailing the steps provided to a patient for well-rounded health care.

  • Uninsured

    A person with coverage or protection.

  • Vicarious Liability

    The duty or responsibility of the principal resulting from the actions of its subordinates.

  • Waiting Period

    Specific lengths of time that must pass before some or all of one’s health care benefits can begin.

  • Witness

    An individual with first-hand knowledge or a crime or incident related to an investigation or lawsuit.

  • Workplace Stress

    A state of mental and physical disturbance resulting from the loss of control of an individual in meeting the demands of his workplace.

  • Wrongful Death

    A term referring to a situation wherein the death is caused by negligence or intentional harm.

After my injury, I had no hope left. When Dana and Paul took on my case, they told me they would help me reach my goal to get money for the settlement. They took the time and had the patience to help me achieve my personal goals.

Dana had great suggestions for me. It was comforting to know what I should be prepared for, and how I should prepare. If I didn’t achieve goal 1, what would my second goal would be?

Plan A doesn’t always work. The team helped me to prepare myself to put 100% hope in the settlement, and for Plan B to be the best fallback.

I’m very satisfied with the money I got for the settlement – which was more than I expected with Paul’s support and hard work. The organization has great teamwork.

There are people that I have referred to Paul who are interested in legal matters, or accident disability, and some of them have already gotten their case going. In the future, for somebody that needs help, I would suggest them to go with PW Lawyers.

I was hoping that I could pay them back somehow. Perhaps this review is the best way.

Jane PW Lawyers - Long Term Disability Lawyers