Please read through our frequently asked questions. If you have a question that is not answered below, feel free to give us a call or email us directly.
When your insurance company denies your disability benefits there is usually an appeal process in place, but generally I find this option unproductive. In most cases you have the right to sue your insurance company for the denial of your disability benefits. In some cases, if your insurer has acted unfairly you can also sue your insurance company for exercising bad faith. You should discuss your options regarding the denial of your disability benefits with a lawyer.
It depends. Generally if you are paying the premiums for the policy then the disability benefits received are not taxable. If someone else is paying the premiums such as your employer, then the disability benefits you receive are taxable.
A wrongful dismissal is a breach of contract and occurs when an employer fires an employee without cause and sufficient notice of dismissal. You can make a claim against your employer if you are wrongfully dismissed. You should consult with a lawyer to determine whether you were wrongfully dismissed and whether you received the appropriate dismissal notice or the appropriate pay in lieu of notice.
A constructive dismissal occurs when there is a substantial change in the terms of your employment without your consent. The types of changes considered in a constructive dismissal include:
- A significant reduction in your compensation
- A demotion or reduction in job responsibilities
- A requirement to work in an unsafe or harassing environment
- Moving to a different geographical location
Yes, when you are involved in a motor vehicle collision as a passenger or driver, you are automatically entitled to $3,500 worth of medical and rehabilitation benefits to assist you in recovering from injuries you’ve sustained as a result of the accident. You may qualify for up to $50,000 of medical services if your injuries are serious enough, if you have pre-existing medical conditions, or if you suffer from a psychological impairment as a result of the accident, such as depression and anxiety. You may also be able to have your accident benefits company pay for other benefits, such as income replacement, and attendant care benefits.
Yes, insurers will routinely attempt to deny payment of various accident benefits. In order to protect your claim, you will need to deal with a complex claims and dispute process to fight back. Claimants are frequently lead to believe that the process is far more simple than it is, but it is critical that you file a dispute for a benefit within two years of the date that the claim was denied. In order to dispute a denied benefit, you must file an application to the Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO/ LAT) and go through the dispute process, where an adjudicator would decide if the denial was justified. Our firm can help you build your file so that you have the highest possible chance of success during this dispute process, so that you may focus on your rehabilitation.
You are free to choose any medical provider you wish. It is important you feel comfortable and trust your medical provider.
Yes. If you were injured in a car accident, you can make a claim for:
- Pain and suffering
- Income loss
- Loss of competitive advantage
- Future medical and rehabilitation expanses
- Out of pocket expenses
If you were injured on someone else’s property you may recover damage for pain and suffering, loss of income and medical expenses. You should report the incident and make an incident report. If you are able, take pictures of the area where you were injured and of your injuries. Seek medical attention as soon as possible and consult with a lawyer to discuss your rights.
If you are unable to work as a result of a disability, you may apply for the Canada Pension Plan Disability Benefit. In order to qualify for the disability benefit, you must be under the age of 65, meet the CPP contribution requirements, and you must have a disability that is both severe and prolonged in nature, which prevents you from being able to work at any job on a regular basis. In the context of the CPP Disability Benefit, “severe” means that you have a mental or physical disability that regularly stops you from doing any type of substantially gainful work, and “prolonged” means that your disability is long-term and of indefinite duration. Both the "severe" and "prolonged" criteria must be met simultaneously at the time of application in order to qualify. For additional information, please consult a lawyer.
In order to apply for CPP Disability Benefits, you must follow the steps found at https://www.canada.ca/en/services/benefits/publicpensions/cpp/cpp-disability-benefit/apply.html, and complete the application forms found at https://catalogue.servicecanada.gc.ca/content/EForms/en/Detail.html?Form=ISP1151. Please note that while you are able to complete the majority of this application on your own, your treating physician must complete the Medical Report form, which they will send directly to Service Canada upon completion. For additional information, please consult a lawyer.
There are deadlines to filing a lawsuit. The timeline depends on the type of claim and you should consult with a lawyer to discuss the limitation period regarding your particular matter.