Disability Law Show: Ontario – S4 E51

Episode Summary

Should an employer be involved with an employee’s LTD claim? 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

• Injured while at work, approved for Workers Comp and LTD: Long-term disability policies usually have benefits as well as other benefits and compensation such as life insurance and a waiver to pay premiums. If cut off from Worker’s Compensation, claimants are able to claim LTD benefits if they were initially approved. A denial of benefits should not be due to the cause of a claimant’s symptoms i.e. if the injury and resulting medical condition was a result of a workplace injury.
• Migraines due to a neurological condition denied LTD despite short-term benefits: Claimants that are able to do some daily activities but are experiencing significant ongoing symptoms, as well as the possibility of surgery and treatment, should not return to work unless they are cleared by a doctor to do so.
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    Migraines and headaches and Long-term Disability
    Brain Injuries and Disability Claims
• Employer involvement in long-term disability claims: Despite many employees receiving disability benefits coverage through a group insurance plan with their employer, employers should not influence an LTD claim. Employers should be wary of involvement with a disability claim despite a genuine interest in aiding their employees.
• Claimant waiting for testing but denied LTD due to insufficient evidence: A treating doctor should be the ultimate deciding factor as to whether or not a claimant is able to work. Claimants should not be dissuaded from filing a legal claim due to a supposed lack of evidence if there is support from a doctor. It is very unusual for a court or judge to take the word of an insurer over a specialist or treating medical team.
• Back injury leads to approval of short-term disability but denial of LTD: The appeals process was created by the insurance company and is typically unsuccessful for most claimants. Filing a legal claim can be more efficient for a claimant. In many cases, transitioning from short to long-term disability coverage can lead to a denial of benefits despite benefits being provided by the same insurer. The test for short-term disability in a standard policy is usually very similar to the test for initial long-term disability.