With serious accidents causing injury, unfortunately sometimes the victims can be denied long term disability. Dealing with the mental and physical toll of an injury is hard enough without having to worry about supporting yourself or your family.
So, what do you do if you have been denied long term disability?
First, let’s start off with understanding what is long term disability insurance?
Long term disability insurance replaces your income when you are unable to work due to an injury or illness. This does not mean you must be totally incapacitated. Rather, you are no longer able to work while you recover from your injury. According to the Supreme Court of Canada “…total disability does not mean absolute physical inability to transact any kind of business pertaining to one’s own occupation, but rather that there is a total disability if the insured’s injuries are such that common care and prudence require him to desist from his business or occupation in order to effectuate a cure…”
If you believe that this definition applies to you, but are still been denied long term disability, then you should speak to a personal injury lawyer immediately.
Why were you denied long term disability?
Insurance companies are not exactly eager to pay out, and they may purposefully make it difficult to find out exactly why you were denied. There are some common reasons that may explain why your case was denied:
- In order to qualify for long term disability, you must be unable to do your job because of your injury, or prevented from doing so by “common care and prudence” immediately following your injury, and up to two years later. If not, then you may not qualify.
- Your injury does not meet the terms and conditions of your insurance plan. This is often the case when it comes to injuries incurred while under the influence.
- Your injury does not meet the definition of an injury used by the insurance company.
- Your injury or illness is difficult to verify, as is often the case with PTSD, depression, and chronic pain syndrome.
- Forgot to take the necessary steps after suffering your injury, like visiting the doctor immediately.
- You had a pre-existing condition.
- You failed to provide the necessary paperwork and documentation.
Even if any one of these cases are applicable to your situation, that doesn’t mean that you should give up. Only by speaking to an experienced lawyer will you be able to know for certain whether you have a chance at receiving the long term disability you need.
Improve your chances
To improve the chances of winning your case:
- Remember, anything you post on social media can be used against you. Even though you may be genuinely disabled, a photo, video, or ‘status update’ may imply you are healthy and could seriously hurt your case.
- In some cases insurance companies may also use video surveillance as evidence against you. Trying to push through the pain to play a game of golf, tend to the garden, or carry a heavy load could hurt your health and your case.
- You should speak to your doctor and a specialist in the field of your injury or illness. Be sure to explain the situation, and the specific mental and physical challenges posed by your job – many doctors don’t fully understand the demands of jobs outside of the clinic.
Get your long term disability payment today
If you have been denied long term disability, then you need to speak to a lawyer straight away. Delaying your appeal could cause you to miss important deadlines, and prove expensive to you because of lost income.
At Zayouna Law, we work on a pay-if-you-win basis and offer free consultations, so what are you waiting for? You have nothing to lose and everything to gain from giving us a call.