What Long-Term Disability Lawyers Want you to Know

Having a persistent injury or illness can be a very serious and difficult experience for any employee who wishes to keep their income and not miss any workdays. Luckily, there are employee benefit programs and procedures in place for individuals dealing with such setbacks to their health. These safeguards can protect you from losing your salary while you are off work due to a long-term disability (LTD). It is important that an Individual who suffers from a long-term injury or illness know the resources that are available to them. This will help to relieve some of the financial stress placed upon them due to being off work for an extended period of time. 

Our legal team at Badre Law are experts in the field of long-term disability claims. We handle claims and recommend reading the important information presented in this article to understand what constitutes a LTD and how the compensation works. We hope to offer you a better understanding of long-term disability insurance, so that you can determine what your next steps should be if you or someone you know is affected by a long-term health condition.

What is Long-Term Disability Insurance?

The first step towards receiving the compensation you deserve from your injury or illness is understanding what long-term disability insurance is. Long-term disability benefits can be made available for employees who have an injury or illness that prevents them from fulfilling their workplace duties.  These benefits may only be acquired by those who have long-term disability insurance. Some employers, such as the federal government, offer a Public service group insurance benefit plan, which includes long-term disability insurance. These benefits often help attract prospective employees, and incentivize current employees to remain with the organization. However, individuals may also apply for the insurance themselves if it is not offered by the employer. If you are thinking of purchasing this type of insurance policy, be sure to check with your employer if you have any coverage already given to you as part of their plan.

What Time Frame Does Long-Term Disability Cover?

Long-term disability insurance also covers a specific time frame of injury as well, coming into effect when the short-term disability period ends. Short-term disability benefits range from the three-month to six-month range, whereas long-term disability benefits tend to pick up from there. These benefits have a longer coverage period compared with short-term benefits. The benefits resulting from LTD insurance can last up to two years if the employee is unable to return to work. They may also receive benefits past the two-year mark if they are unable to work at any type of job due to their injury/illness. The long-term disability benefits typically payout 60-70% of the individual’s income while they are incapable of work. These benefits may also start to take place after sick leave benefits or employment insurance benefits come to a close as well.

This type of coverage, however, does not cover any injuries resulted from a workplace incident. These policies cover solely any injuries that have taken place outside of the workplace such as a vehicular accident or a slip and fall. There are various types of plans that you may purchase to help reduce the risk of not receiving income due to such an event, therefore it is smart to see which type of coverage plan works best for you.

What Qualifies as a Long-Term Disability?

Many different types of injuries and illnesses can qualify as a long-term disability providing that it prohibits the person from being unable to perform their professional responsibilities. These types of injuries and illnesses vary from being physical, emotional as well as psychological. A common misconception is that to be considered for long-term disability benefits you must have a physical type of injury. This is simply not the case. Below we have listed different types of injuries and illnesses for which a long-term disability claim can be made:

Emotional and Psychological Distress

If an individual finds themselves unable to fulfill workplace tasks due to psychological and/or emotional symptoms and trauma, then they may qualify for LTD benefits. Some of the more common types of illness include, but are not limited to: depression, bipolar disorder, anxiety illnesses, and schizophrenia.

Chronic and Orthopedic Pain

As previously stated, physical limitations placed upon individuals due to incidents that have occurred outside of the workplace may also fall under the long-term disability category. Different types of chronic pain that may place too much distraction on a worker and render them unable to work can be considered to receive compensation from LTD  insurance. Pain stemming from issues like Crohn’s Disease, arthritis, or gout among others can all be eligible to receive compensation from long-term disability insurance.

Other physical injuries like breaks and tears may also be eligible to receive the same type of compensation for the same reasoning of pain distraction. Orthopedic pain like bone breaks resulting from endeavours outside of the workplace, like vehicular accidents or slip and falls, which result in lingering pain or a longer healing process, is a suitable cause for an LTD claim.

Brain Injuries

Concussions are a very common form of longer-term injury that result in an individual losing the capability of performing work. If it is deemed that one may not be able to work long-term due to a concussion, then they may be entitled to receive long-term disability benefits as stated in their insurance policy. Other types of brain injuries, such as those resulting from an automobile crash, may also qualify an individual for long-term disability benefits.

Other Injuries, Disorders, and Illnesses

There are a plethora of different types of injuries and illnesses that may also be considered as a long-term disability, which we have not touched on. Some of the more common types are sleep disorders, visual disorders, and cancer. If there is an injury or illness that prohibits the functionality of an employee for an extended absence from work, then it is likely that it may be covered under a long-term disability insurance policy.

How to Receive Compensation for Long-Term Disability

Having a disability that keeps you from going into work, completing your job and being compensated is undoubtedly stressful. Knowing the complexities of your insurance policy and its coverage details might be especially difficult to decipher when you are simultaneously dealing with the stress from lost income. The process can be very challenging for anyone going through such hardship and using the services of a long-term disability can mean the difference between qualifying for long-term disability insurance or not. 

At Badre Law our expert team of LTD lawyers will help you file your claim or answer any questions about your insurance. We can also review and guide you through a previously denied claim. Whatever point you are at we will do our best to help you receive the income you deserve moving forward and keep you focusing on more important things than filing claims; your health and well-being.  

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Daniel Badre Founder, Partner
Daniel Badre is a distinguished personal injury lawyer based in Ottawa, renowned for his unwavering commitment to justice and advocacy for those who have suffered from accidents or negligence. With a legal career spanning over two decades, Badre has established himself as a compassionate and tenacious advocate for his clients.
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