Your entitlement to benefits in a long-term disability case will depend on the wording of your contract as well as the situation you’re in, your medical evidence, and your functional abilities. Let one of our lawyers help you determine whether an insurance company is liable to pay.
We can perform a contractual analysis, examine the definitions in the policy, and compare that to your circumstances. Learn more about the Barrie long-term disability claims process from our steadfast legal team.
Entitlement to long-term disability benefits is based on a contract analysis and who is contractually obligated to provide the payment. Other parties would only be involved if there was some improper conduct or extra-contractual damages. For instance, if your employer prevented you from applying for long-term benefits and you lost entitlement or were wrongfully taken off the benefit plan, or if an independent agency working for the insurance company improperly interfered with your rights, you would have an action for extra-contractual damages that would involve other parties.
The amount of time you have to submit a disability claim is also going to be governed by the contract. Short-term disability benefits are typically awarded on a temporary basis. Once your short-term benefits run out, there is a period of several months where you can apply for long-term disability compensation.
It’s also important to note that you have to initiate the process for long-term disability benefits in Barrie while you are still an employee. If you cease your employment, and your employer takes you outside the disability coverage, you may find it difficult to obtain benefits.
Even if you miss the deadline to apply, you should still file a claim for disability benefits because the contractual limitation periods are sometimes shorter than the minimum guidelines defined by law. The Limitations Act in Ontario generally gives you two years to make a claim, but some employers and insurance companies try to limit a contract below that time-frame. For this reason, it is still in your best interests to consult with a dedicated lawyer about the processing of your long-term disability claim.
Generally, you have to make an application for benefits within the time-frame set by your contract or within two years set by the Limitations Act. The insurance company is responsible for making a timely decision. Our elite trial lawyers have seen cases where they simply will not make a decision and cause delays or similar challenges.
If they are not making a decision in a relatively short period of time (i.e. a month or so), you should seek qualified legal advice, because the limitation period for commencing an action begins on the date you applied in some circumstances. While you wait for the insurance company to make up its mind, you could lose some of your rights under the legislation.
Do not take on the Barrie long-term disability claims process on your own. Let one of our lawyers help you understand your rights and hold unscrupulous insurance companies accountable for evading liability. Reach out to Rastin Trial Lawyers today for more information.