A long-term disability can change your life in unexpected ways. It can prevent you from working, cause serious pain, and prevent you from enjoying the activities you enjoyed prior to the disability. In Burlington, ON, you have options for recovering compensation to help. An experienced Burlington long-term disability lawyer at Findlay Personal Injury Lawyers can help you fight for the money you need.
With over 92 years of combined experience, you can count on us to evaluate all of your legal options. Since we founded our law firm, we’ve recovered over $100 million for injured clients.
We’re well-equipped to navigate the legal issues on your behalf. Just call our law firm in Burlington, Ontario, at (289) 512-0829 to schedule a free consultation today.
How Can Findlay Personal Injury Lawyers Help if I’m Struggling With a Long-Term Disability in Burlington?
Long-term disabilities can completely derail your life. You may quickly find that everything has changed. You’re likely unable to work and burn through your savings.
Unfortunately, qualifying for workers’ comp or government benefits can be incredibly difficult. Insurance companies will challenge your claim at every turn–even if you’ve purchased private disability insurance. Navigating the complex personal injury process can seem impossible.
Having an experienced Burlington personal injury lawyer in your corner can make a world of difference.
When you hire Findlay Personal Injury Lawyers, you benefit from a lawyer who will:
- Carefully evaluate the facts and determine the best path for recovering compensation
- Investigate and gather evidence to support your claim
- Advocate for you if your benefits are denied
- Determine how much money you should be receiving
- Handle all of the paperwork
- Negotiate with the other side for a full settlement
Don’t wait to take legal action. Contact our Burlington personal injury lawyers to learn more about how we can help today.
What Qualifies as a Long-Term Disability in Burlington?
There is no precise definition of the term “long-term disability.” Naturally, a long-term disability is one that will impact your ability to work over an extended period of time. Both physical disabilities and mental trauma can qualify.
Your medical records can be used to prove that you’re struggling with a severe and prolonged injury or illness.
At Findlay Personal Injury Lawyers, we often represent clients who are struggling with:
- Traumatic brain injuries
- Chronic pain and nerve damage
- Paralysis, including paraplegia and quadriplegia
- Amputations and loss of limbs
- Other types of severe spinal cord injuries
- Post-traumatic stress disorder (PTSD)
- Lung damage
- Vision loss
- Multiple sclerosis
- Cardiovascular disease
- Cancer and other life-changing illnesses
- Autoimmune diseases
- Chest injuries
- Long COVID
- Orthopedic injuries
- Postpartum depression
The process of recovering from these types of severe physical and mental conditions can be incredibly difficult. You shouldn’t have to struggle with financial stress on top of everything else. Our lawyers in Burlington are here to fight for you, so contact us today for a free case review.
How Do I Recover Compensation for Long-Term Disability?
Long-term disability victims have many different options. The available options in your case will depend largely on how you were injured.
How Do I Qualify for Coverage Under Disability Insurance Policies?
Disability insurance will cover a portion of your income while you’re unable to work. Some employers provide disability insurance as an employment benefit. You can also purchase individual disability coverage on your own. Either way, recovering full compensation from an insurance company is rarely easy.
Qualifying for long-term disability coverage depends on the terms of your policy. Many policies classify long-term disabilities as total or partial. All disability policies cover situations where you’re completely unable to perform any type of work. Policies that offer partial disability coverage will typically provide coverage only if your income has dropped by a certain percentage.
Policies can also impose additional restrictions.
For example, some policies distinguish between situations where:
- You cannot work in your “own occupation,” versus
- You cannot work in “any occupation”
If you’re unable to work due to a long-term disability, it’s critical to have an experienced lawyer review the terms of any insurance coverage.
Workers’ Compensation Insurance in Ontario
If your injury was caused by something work-related, you may qualify for workers’ compensation benefits.
Workers’ compensation in Ontario provides the following types of benefits:
- Medical treatment benefits
- Wage replacement replacement
- Loss of retirement benefits
- Non-economic loss benefits for permanent impairment
Compensation under workers’ compensation laws will depend on the base amount in place at the time of your accident, your age, and your level of impairment.
Canada Pension Plan Disability (CPPD) Benefits
The Canadian Pension Plan (CPP) provides benefits if you’re unable to work due to a disability.
You may qualify for monthly CPP benefits if you:
- Are under age 65
- Have contributed enough to the CPP
- Have either a mental or physical disability that regularly stops you from doing any type of substantially gainful work
- Have a long-term disability of indefinite duration or one that is likely to result in death
“Substantially gainful work” is defined as work that pays at least as much as the maximum disability benefit. That amount changes each year and is currently $19,339.74 for 2024. Earn any more, and you lose your CPP disability benefits. However, if you earn even as much as $6,800, your disability benefit could be impacted.
Personal Injury Lawsuits
If you were injured due to someone else’s careless or wrongful act, you may have a valid personal injury case.
For example, you may be able to sue for damages if:
- Another driver was speeding and caused an accident
- The staircase railing was damaged at a ball game, and you fell down the stairs
- Your doctor prescribed the wrong medication and caused serious organ damage
- You were assaulted and suffered severe brain damage
Personal injury claims are different from insurance and government benefits. You’ll have to prove that someone else was responsible to recover compensation. Typically, that means proving negligence.
However, personal injury laws allow you to seek compensation for pecuniary and non-pecuniary damages. Government benefits will only consider your financial losses. In most cases, CPP and workers’ comp benefits will only cover a portion of your lost income.
How Much Is My Long-Term Disability Case Worth?
The amount you receive will depend largely on the extent of your disabilities and the laws governing your case. An insurance disability benefit will depend on the terms of your policy.
CPP disability benefits are limited by law. The monthly maximum changes each month and will increase to $1,616.52 by December 2024. Workers’ compensation benefits are also capped by Ontario law.
Personal injury cases are different. You’ll have to prove the extent of your losses to recover a fair settlement.
These cases depend largely on:
- The nature of your injuries
- Your medical treatment costs
- The cost of your ongoing medical care, rehabilitation, nursing assistance, and other injury-related expenses
- The value of your lost wages and earning capacity, considering your average wages prior to the disability, your age, education, and work history
- Damage to your quality of life
- The pain and trauma you have suffered
- Whether you can earn some income after reaching maximum medical improvement (MMI)
Cases involving long-term disability can be extremely complicated. It can take months before your doctor determines you’ve reached MMI. While you don’t want to accept an insurance settlement before that time, it’s important to start working with a Burlington long-term disability lawyer quickly.
Our team at Findlay Personal Injury Lawyers will begin evaluating all of your options for recovering compensation immediately. We’re here to stand up to the insurance companies on your behalf. Give us a call today to get started.
Can I Get Compensation if My Disability Was Caused By an Accident and I Was Partly Responsible?
Shared fault is primarily an issue in personal injury cases. Under Ontario’s contributory negligence law, your compensation will be reduced in proportion to your share of fault. You won’t lose your right to damages if someone else shares some blame.
Workers’ comp and CPP are no-fault systems. You can receive benefits even if the disability was your fault.
Eligibility for private insurance benefits is always dependent on the terms of the policy.
How Long Do I Have To File a Claim for Compensation Based on Long-Term Disability in Ontario?
Again, the deadlines will depend on the situation. To recover workers’ comp benefits, you must first report the injury to your employer or supervisor. The WSIB must receive notice within six months of your injury or six months after being diagnosed with a work-related illness.
The statute of limitations in personal injury cases is two years from the date of an accident. After the two-year deadline passes, you forfeit your right to sue the at-fault party for damages.
Contact an Experienced Burlington Long-Term Disability Lawyer for a Free Consultation Today
You have enough on your plate if you’re struggling with a long-term disability. Findlay Personal Injury Lawyers is here to help. Contact our team today for a free case review with a Burlington long-term disability lawyer who can fight for you.
Our personal injury law firm in Burlington also provides:
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