Long Term Disability Lawyer
The last thing you want when you’re off work for injury or illness is for your disability provider to tell you that you are not eligible for short or long term disability coverage. On top of the disability you are suffering, you’re now faced with the financial pressures to either go back to work before you are ready, or be suffer reduced finances. Your insurer may tell you that your injuries do not fall within their policy or that you have the capacity to be employed in a profession for which you are not suited. They may also tell you that you’ve failed to mitigate your losses through rehabilitation or other medical treatments. What an insurer tells you that you may not be consistent with what you are legally entitled to. For example, recently, an insurer denied coverage over their definition of “heart attack”, which differed from that used in the medical community.
Long term disability claims are expensive for the insurer, and they may offer you a low, one-time settlement in order to get rid of your claim. They may delay payments to entice you to accept this low-ball offer. However, as courts consider a long term disability contract to be one for “peace of mind”, they do not look kindly upon these type of tactics. An insurance company owes a duty of “good faith” when dealing with insured persons. A breach of this duty can result in further awards for mental distress, punitive and aggravated damages. In a case out of Saskatchewan, the Court of Appeal upheld awards for mental distress and punitive damages, though they reduced their value to $720,000.
If you or a loved one have been denied or cut off from disability benefits, it is important to speak with an experienced long term disability lawyer. John Mickelson Law Corporation can help you acquire financial assistance and medical treatment. Our long-term disability lawyers have the experience needed to help you get your disability benefits reinstated, or be fairly compensated by your provider. Call us at (604) 684-0040 for a free consultation in our Vancouver, Surrey or Abbotsford offices.Go back to Blog