The term “long-term disability benefits” refers to the replacement income you may be entitled to under an insurance policy when an illness or injury prevents you from working. In addition to providing an income, long-term disability benefits may also entitle you to compensation for medical and rehabilitation expenses you incur as a result of your injury or illness.

Generally, to be eligible to receive long-term disability benefits for the first two years of a claim, you need to show that you are unable to perform your regular job due to your condition or injury. In order to continue receiving this benefit after two years, you must be unable to perform any job for which you are reasonably qualified, based on your education, training, and experience.

By contrast, short-term disability benefits are designed to provide temporary income replacement for a defined maximum benefit period, usually between six months and one year.

Unlike workers’ compensation benefits, long- and short-term disability plans do not require that the injury or illness to be work-related or to have occurred while working. Please note, however, that specific policies may exclude certain types of illnesses or injuries from coverage.

Long-term disability benefits vary depending on the specific policy under which you are covered. The only way to be sure about your coverage is to read your policy, which you would have received from your employer or your insurer.

Long-term disability coverage is often offered by employers under their group insurance plans. However, individuals, including those who are self-employed, may also purchase long-term disability coverage directly from an insurer.

The personal injury lawyers at Burn Tucker Lachaîne have extensive experience assisting long-term disability benefits claimants. We believe there are steps that everyone can take to avoid unnecessary delays or denials, including the following:

1. You should apply for your long-term benefits as soon as possible after you become unable to work.
2. Be forthcoming and accurate with all information you provide.  Never leave any blank responses on a form. It is preferable to indicate that a particular question is not applicable to you rather than to leave it unanswered.
3. All medical information provided should be detailed and signed in order to substantiate your claims, especially for illnesses and conditions that may not be easy to prove objectively (for example, psychological illnesses or chronic pain).
4. Be aware of the deadlines that govern a long-term disability claim.  You do not want to miss a deadline and risk invalidating your claim.
5. When sending in your forms and documents to the insurance company, do so via registered mail. It is also advisable that you request a tracking number so that you can follow the delivery of your documents.

Applying for disability benefits can be a frustrating process, and can lead claimants to consider either quitting their job or giving up on their claim for benefits. Before taking either of these courses of action, it is advisable to seek legal advice. If you resign from your job, you may no longer be entitled to coverage under your long-term disability plan. If you decide to abandon your claim, you will be abandoning your potential entitlement to financial security for yourself and those who depend on you.

In order to minimize the frustration and discouragement that can accompany filing a long-term disability claim, you can make use of the legal services of a reputable personal injury lawyer.  At Burn Tucker Lachaîne, our French and English speaking lawyers are available to help answer any questions you may have about your claim, and will gladly extend our professional services to help you and your family during what can be a stressful and uncertain time.

Allow us to help clarify the many issues that may arise in the course of your long-term disability claim, such as: the impact of an upcoming change in the definition of disability; your rights when the insurance company investigates you; the requirements for assessment by your insurance company’s doctors; whether or not your long-term disability benefits are taxable; and, whether you need to apply to the Canada Pension Plan Disability Benefits.

Call us, drop in or visit us online today. Our empathetic staff are very accommodating and will make the necessary arrangements to facilitate a meeting.

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