Personal Injury: Frequently Asked Questions

If you wait too long to make a claim against your long term disability insurance company then you may lose this right. The amount of time you have varies and it is important that you look to your insurance policy to find out those details.

Usually, you must be completely disabled for the entire extent of the “waiting period” (period of time which you must wait before you can receive your first long term disability payment) which can last 3-6 months. Often times you can receive EI sick benefits or short-term disability while you wait for your first long term disability payment.

Most long term disability policies contain a provision that requires claimants to see a doctor chosen by the insurance company in order to determine if they are entitled to long term disability benefits. Of course, the doctor they choose must be reasonably qualified to do the assessment. If you are unsure of this you are allowed to ask for the resume of the assessing doctor.

The only thing that matters is when you became disabled. As long as you are actively employed at the time you become disabled your employment termination will not effect your benefits. Keep in mind if you receive termination or severance payments then your long term disability payments may receive a credit (a reduction in your payments).

It depends. Most long term disability policy manuals will have a section that discusses the rules for travel. Please review your policy manual to see what it says about travel.

The only thing that matters is when you became disabled. As long as you are actively employed at the time you become disabled your employment termination will not effect your benefits. Keep in mind if you receive termination or severance payments then your long term disability payments may receive a credit (a reduction in your payments).

Again, it depends. If you are self-employed and have a private disability policy, then it is not taxable as income. If you have a group plan through your employment, then your plan will be taxable if your employer pays more than 50% of the monthly premiums for your benefits. If you settle your long term disability claim then the lump sum that is past income is taxable and the portion of the lump sum that is for future benefits is not taxable.

Generally, your lawyer will start the lawsuit by filing a statement of claim in court and serving it on the defendant (insurance company). Then the insurance company will hire a lawyer to deliver a statement of defence. You will then be required to answer questions under oath (examinations for discovery) and attend some medical assessments to determine your eligibility for long term disability benefits. Ultimately your case will go to a mediation in hopes of settling. If you do not settle then your lawyer will file a trial record and set the case down for trial.

Find out what you tripped or slipped on. Take pictures. Take note of any witnesses and their contact information. Keep your footwear and also take pictures of them, including the sole. If the fall happened on ice or snow make note of whether there was salt, sand or grit. Check to see if there are any warning signs around the area where you fell. Try to get medical attention as soon as possible because it’s important to document your injuries.

Give notice within 10 days of your fall to the city’s claims department. In your notice letter give specifics like the date, time and location of the fall as well as where the fall occurred and why the fall occurred. This is the main difference between falling on private property and city property. The rest, like above, is keepingyour footwear and also take pictures of them, including the sole. If the fall happened on ice or snow make note of whether there was salt, sand or grit. Check to see if there are any warning signs around the area where you fell.Try to get medical attention as soon as possible because it’s important to document your injuries.

• Parking lots
• Shopping malls
• Grocery stores
• City sidewalks
• Driveways

• Snow and ice accumulation
• Carpeting that isn’t flat to the ground
• Defective or missing handrails
• Spilled substances on the ground
• Surface sidewalk discrepancies

It all depends on the severity of your injuries and the extent of the losses you have suffered from the accident. How much in lost wages? How much in medical expenses?. It also depends on the strength of your case on liability. If the property owner or city did not maintain the area where you fell then you will likely have a strong case. There are many factors to consider and it would be beneficial to consult with a personal injury lawyer to discuss your options.

Many people have this hesitation when they fall on their friend or loved one’s property (e.g. home). If you fall on someone’s property and need to bring a claim then please note that it is that person’s insurance who will compensate you. Your friend or loved one will not pay out of their pocket for your compensation.

Anything from cuts, bumps and bruises to serious brain injuries and other orthopaedic injuries. The benefit of slip and fall claims, as opposed to car accident cases, is that there is no threshold or deductible. This means that most injuries will warrant compensation as long as there is a case on liability.

You are allowed to make a claim for your injuries, lost wages, etc within two years of your fall. There are a few exceptions to this but the general rule is you want to have your claim issued in court before the two year mark. This rule is pursuant to the Limitations Act.

The insurance company will try to argue that they are not responsible for the area where you fell. If they are responsible for that area they may try to prove that they were not negligent or that you took unreasonable risks or put yourself in danger.

Likely not. It all depends on what you want. There are usually offers sent back and forth. If you choose not to accept then you can take your case to trial. Only about four out of every 100 slip and fall cases get to trial.