Disability Law Show: Ontario – S4 E46

Episode Summary

Should you accept a lump sum payment from the insurance company? Disability lawyer and partner James Fireman at Samfiru Tumarkin LLP answers this question and more on the Disability Law Show on Newstalk 1010 in Toronto.

Listen below to discover important information about your rights and a guide through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

When you need a disability lawyer in Ontario, James can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Claimant returns to work and health regresses further: It is important for claimants to only return to work if they are cleared to do so by their treating doctors. Claimants who are able to return to work but are not successful in doing so, generally, should be able to resume their LTD benefits due to a recurrence clause in their disability policy. Claimants should not be pressured to begin a return to work plan without approval from their doctor and possible accommodations.
• Hire a disability lawyer if part of a union: Unionized employees, such as teachers, are able to contact a disability lawyer if their disability claim has been denied by the insurance company. Claimants who are unsure if they are able to seek a legal claim against their insurance company can contact a disability lawyer to determine if a course of action is possible.
• Offered a lump-sum settlement by the insurance company: Insurance companies often offer a settlement to claimants who will likely never be able to return to work in any occupation. Insurers rarely offer a pay-out that is the full amount. Claimants should speak to a disability lawyer to determine whether or not the settlement is reasonable.
• Permanent restrictions at the workplace: It is important to determine whether the permanent restrictions prevent an individual from being able to do their occupation. Claimants who are injured at work in most cases bring forth a WSIB claim and are successful, should receive WSIB benefits. Long-term disability insurers are permitted to offset their benefits with other sources of income, such as WSIB payments.