Steps to Follow for Your Long-Term Disability Lawsuit
A long-term disability (LTD) lawsuit can be a complicated and time-consuming process depending on the type of disability plan you’ve been provided by your employer. However, you can change this by hiring an experienced LTD lawyer Halifax to represent you. The biggest mistake most people make is not having legal counsel to assist them from the very beginning.
Knowing Your Qualifying Disability Plans
The first thing you should know before you proceed with your case is the disability plans for which you qualify. Below are some of the most important steps to help you determine your qualifying disability plans:
- Long-term disability: These can be workplace plans or those that are purchased privately by a worker.
- Short-term disability: Some companies provide short-term disability benefits to employees entitled to sick leave for up to 3 months.
- Employer sick pay: This is the initial benefit suitable for workers who are on leave due to disability.
- Employer insurance sickness benefits: Employees who don’t get short-term disability may qualify for up to 15 weeks of benefits if they meet the criteria – including at least 40% income reduction.
- Canadian pension plan: To be eligible for the CPP, an applicant must have been unable to work for at least 4 months.
Employees injured while on duty could be eligible for workers’ compensation benefits.
To be eligible for the disability claim, there must be medical evidence supporting it, especially from a doctor.
It’s Time to Make the Transition
Before you transition from worker to a person on sick leave, make sure you understand your long-term disability benefits and what may ruin your chances of receiving them. Your employer may ask you to tender your resignation or accept a severance package – do not comply without seeking legal advice. Retirement could impact your ability to receive disability benefits.
Applying for Disability Benefits
When applying for disability benefits, ensure you have all the necessary applications for disability coverage for which you qualify. Fill out the application forms and submit them. Proper documentation is very important, therefore, ask your LTD lawyer Halifax to help you fill out the forms correctly and have them submitted by the deadline.
Waiting for the Decision
You should receive the determination of the application from the claims’ representative within 30 days. If more than 2 months pass from the day you submitted your application, and you’ve yet to receive it, contact your lawyer.
Filing a Lawsuit
For your claim to be considered, you may need additional, independent medical examinations to prove your disability and your inability to maintain gainful employment. The initial filing is called a statement of claim.
During the investigation for the discovery process, both parties are required to meet and be questioned under oath. Therefore, you need to have all relevant insurance documents – explaining how the decision was reached. You have a choice to either negotiate a settlement or proceed to trial.
Negotiation vs. Trial
Since you have a choice to either negotiate a settlement or proceed to trial, negotiating a reasonable settlement will be a better option than proceeding to trial. All you need to do is agree on a fair settlement amount – after which the lawsuit may be dismissed.
You need to prepare a strong case if you want to proceed to trial. It may take more than 3 years for your case to reach the courtroom. In case you’re successful in your trial, you’ll likely receive compensation from the insurance company.
Contact Us at Wagners Injury Law firm today
A settlement can take more than 2 years and if the case goes to trial, it can take many years. At Wagners Injury Law firm, we’re aware of that and are determined to help you settle your case within a reasonable time frame.
Our LTD lawyer Halifax will assist you through every step in the process, ensuring you’re well informed, and all your important information is filed correctly.