Short/Long Term Disability Benefits
Many workers , employees and individuals do not even realize they may be entitled to both short and long term monthly income disability through private insurance companies which their employer has in place . Often they are erroneously told by either their employer or even the insurance companies themselves that if they are eligible for WSIB , or CPP, that they cannot apply for group employment income replacement benefits through the employer’s policy. THIS IS NOT TRUE.
What is true is that if there is a Plan in place they may be required to make monthly payments (usually 2/3 of gross pay) if you are disabled according to their policy so long as WSIB and/or CPP does not pay. When and if WSIB and/or CPP does make payment the insurer will be re-paid from any retroactive payment to re-imburse what they have paid.
In the event WSIB and CPP payments fall short of your previous income level the insurer may be required to continue to make partial payments to make you whole.
In the event the insurer denies your application your only remedy is to bring a court action against them which our firm routinely does.
Short-term disability (STD) coverage may vary from a few months to two years depending on the policy. The test is usually whether you are able to do your old job or a modified job to accommodate your injuries/condition.
Long-term disability-LTD (usually to age 65 but not always) is usually comprised of two parts. It will apply after STD benefits expire . The first part of the policy usually applies for two years, the test being similar to STD being whether you can work at your old job or modified job. After two years the test changes to whether you are able to work at any job which your experience and skills permit.
Proving that you are disabled is up to you and is based on medical evidence and other information which our firm compiles and assists you with from start to finish as well as representing you in court throughout.