Disability & Insurance Benefit Disputes

Long Term Disability Benefits:

When you have suffered an injury or disability that prevents you from working, often individuals are required to apply for long term disability benefits. These benefits essentially replace your income, and many individuals rely on them as their only source of money during a time when they are ill.  

Insurance companies often deny long term disability claims however, even in the face of clear evidence that you qualify. Reasons for denials often include a finding that a pre-existing condition was not disclosed, or that you do not meet the test for being totally disabled from doing your job, or that the medical evidence does not support your claim. It is also very common for insurance companies to terminate benefits that are being paid at the two year mark, as many policies state that benefits only continue after two years if you are unable to do any job you are suited to by education and skill, as opposed to doing your particular job.  

If the insurer is in the wrong in denying benefits, the involvement of a personal injury or insurance law lawyer may be needed in order to resolve the matter. Our Ottawa disability insurance attorneys first try to resolve the dispute without litigation, but if your benefits continue to be denied without valid reason, we will commence an action on your behalf. These claims are often referred to as “bad faith” claims. Your relationship with your insurer is contractual in nature; you pay them premiums in return for their promise to pay benefits if you meet the criteria set out in your long term disability policy. In this type of relationship, your insurer is said to have a duty to treat you in “good faith”. A refusal to pay benefits, without reasonable cause, is a breach of this good faith and you can commence an action against the insurer for reinstatement of benefits, back payment of benefits owing, and in certain situations, for punitive and/or aggravated damages.    

Statutory Accident Benefits:

When you have been injured in a motor vehicle accident, regardless of fault you are entitled to claim accident benefit under your automobile insurance policy. See Motor Vehicle Accidents for more information.

If you are being denied any or all of your accident benefits, our Ottawa personal injury lawyers can advise and assist you with the dispute process.

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