Did the insurance company just deny your claim for short-term disability benefits? Maybe you’re not ready to return to work, but worried about protecting your job. Our Toronto short-term disability lawyers can answer your questions and give you a plan for success.
We know it’s hard to call a law firm, but don’t put this off any longer. Our support team is easy to talk to and they’re expecting your call. They will never pressure you to hire us. They will focus on answering your questions and explaining what you can do to get payments started ASAP. Give them a call at 647-424-4414.
25 Adelaide St. East, Suite 1719, Toronto, ON M5C 3A1 | 647-424-4414
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What is short-term disability?
Short-term disability is a type of disability benefit available to some workers. Short-term disability benefits are paid through a workplace group benefits plan. Not every workplace offers short-term disability, so check your benefits booklet. Benefits are typically 50 – 100% of your pre-disability income. Usually you can receive them for 17 weeks, but some plans can go up to a year.
How do you fight a short term disability denial?
If the insurance company denies your short-term disability, you have the right to appeal. The appeal is a process where you ask the insurance company to reverse their decision and approve your claim. You do an appeal by notifying the insurance company that you plan to appeal. You should also tell your employer so they don’t expect you to return to work.
After you notify the insurance company, you need to gather new information to support your appeal. If you’re not sure what information you need, contact us for a free claim review. Our Toronto short-term disability lawyers can review the denial letter and the insurance claim file to identify the best strategy to win your appeal. Then, you can send the new information to the insurance company. They will review it and give a new decision. They will either continue to deny your claim or approve you for benefits.
Your employment rights while on sick leave
You have limited rights while on sick leave. Contrary to popular belief, your job is not protected while you are on sick leave. Employers can pretty much fire any employee at any time, as long as they give the required notice or pay termination pay equal to the notice period.
However, employers cannot fire a person for a discriminatory purpose, so usually they will not fire someone on sick leave. It just looks bad and it can be hard for them to prove that it wasn’t discrimination. However, anti-discrimination laws only protect you if you have a permanent illness or disability. You aren’t protected under human rights laws if you only have a short-term illness or problem.
Your employer does not have a right to access your personal medical information. They have a very limited right to know what type of accommodations you would need to return to work.
With short-term disability claims, employers protect employee privacy by hiring outside insurance companies or claim administrators to handle all of the sensitive medical information. Just be careful of what authorization form you sign as you may authorize the claim administrator to give more information to your employer than you intended.
Frequently Asked Questions
Lawyers can help you appeal for short-term disability benefits or appeal a denial of benefits. An experienced disability lawyer will be able to pinpoint the reasons why the insurance company will deny your claim. Or if your claim has been denied, a disability lawyer can advise of the “real” reasons for denial, which may differ from the office reasons given to you. Ultimately a lawyer can help you put forward a stronger claim that has a greater chance of approval.
Lawyers charge differently so the costs can vary. Some lawyers will charge you up-front require you to pay win or lose. Other lawyers (like us) will represent you on a no-win, no-fee basis. This means you only pay if we are successful in getting your benefits approved. See our pricing page for more information on how we charge for short-term disability claims.
That depends on your situation. Getting a lawyer makes the most sense when you anticipate being off work for an extended period of time. For example, if you think you will be off the entire duration of the short-term disability (usually 17 weeks) and extending into the long-term disability period, then it make sense to get a lawyer as early as possible.
No one can force you to go back to work before you are ready. But, the short-term disability can refuse to pay. Your employer can also pressure you but threatening your job, or saying they will consider you to have quit. These situations are very complicated and we recommend getting a free case review to understand your options.
Other disability claim services we offer
- Long-term Disability Lawyers
- CPP Disability Lawyers
- Life Insurance Lawyers
- Disability Tax Credit Lawyers
- Critical Illness Insurance Lawyers
Why hire Resolute Legal’s Toronto short-term disability lawyers?
We only get paid if we win your claim, so we have a huge financial incentive to win your case. You would be getting a firm that focuses exclusively focuses on disability claims — it is all we do.
We offer a 45-day Satisfaction Guarantee. So, if you’re not 100% satisfied within the first 45 days of hiring us, you can walk away with no charges or questions asked.
We also give a Fair Fee Guarantee. We follow the Rules of Professional Conduct to ensure the contingency fee we charge is fair. This means that we reduce the fee percentages or fixed fee amount when necessary to make sure the fee is reasonable. If you still have concerns, we arrange to have a Court Officer review our fee at no charge to you. The court officer can agree with the fee or reduce it to make it fair. Then, you pay the fee that’s approved by the Court Officer.
We can’t accept the cases of everyone who hires us, but please contact us for a free case review. We can explain your options and if we could represent you on a no-win, no-fee basis.
Call us 24/7 at 647-424-4414 for a free case review or fill out the form on this page.