What Can You Expect From Long-Term Disability Benefits After 2 Years?

What happens after two years of long-term disability? If your disability claim is approaching the 2-year mark, it is normal to wonder how your policy will change. Does LTD end after 2 years? Many insurance policies have a provision indicating that after two years, you will only continue receiving the benefits if you are totally disabled and you can’t engage in any work. Your disability carrier may initiate an investigation to determine whether you should continue receiving the monthly benefits. It is stressful enough to have a disability. Having to worry about your disability benefits being cut off could only make the situation worse.

Whether Your Disability Qualifies As Total Disability

You must prove that you are totally disabled to qualify for long-term disability benefits. It must be evident that you cannot perform the duties of your occupation. At first, you only need to prove that you cannot perform the duties you used to perform before you became disabled. However, after two years, you must show that you cannot engage in any occupation for which you are suited, depending on your experience, training, and education and which will pay a gainful income It is at the end of two years that your insurer will investigate your situation to determine if you are still totally disabled.

When Your Ltd Benefits Are Likely To End

How long can you stay on long-term disability in Ontario? Before you even think about what could happen when you no longer receive disability benefits, it is important to first review when your benefits are likely to end. The exact amount of disability benefits that you receive will depend on the type of disability policy you have. There are two basic types of disability policies:

  • A policy that pays for a specific time period, or
  • Until you reach 65 years of age.

To know exactly how long your disability insurance will last, you should review your LTD policy.

When You Are No Longer Disabled

Long-term disability insurance provides you with compensation if you have a disability that prevents you from working and earning income. If you recover from the disabilities you previously faced, you may no longer qualify for disability insurance. Many long-term disability insurance companies require you to provide regular medical testing results. Insurers may also require you to undergo intense rehabilitation to fast-track your recovery. You will no longer receive disability benefits if your insurer believes that you have fully recovered. If you have fully recovered, you can return to your previous career or seek employment with an alternative company.

When You Reach 65 Years

Most LTD policies expire when you reach 65 years of age. If you made contributions to the Canada Pension Plan (CPP), you may still qualify for CPP retirement benefits even after you turn 65 years of age. You may start to receive retirement benefits from CPP from as early as 60 years to as late as 70 years. Your payments will be smaller if you start receiving your retirement benefits early. On the other hand, your payments will be higher if you start receiving your retirement benefits later.

When Your Insurer Cut-off Your Benefits After Two Years

When your insurance carrier discontinues your benefits, you should contact your lawyer right away. You should not interact with the insurance adjusters on your own; let your lawyer deal with the adjusters.

It is common for insurance carriers to deny benefits to deserving claimants without conducting a proper medical investigation. Some insurers may even state that you are not participating in the right treatment plan. Some may conclude that you can work in a different job.

Your lawyer will help you to appeal the insurance carrier’s decision. Lawyers work with specialists, including vocational experts and medical professionals, to examine all the details of your case and help you appeal the decision and commence a claim to get you the LTD benefits you are entitled to. A lawyer works to prove that the limitations and demands of your disability prevent you from working.

Contact Our Lawyers Today

If your insurer has denied you disability benefits at the end of two years or by assuming a change in your disability status, we invite you to contact Walter Law Group today. Our lawyers are experienced in handling all stages of disability claims and we will do everything possible to get you the LTD benefits you are entitled to.

What Are Your Rights in Personal Injury Claims?

Every year, thousands of people suffer personal injuries in Ontario as a result of vehicle accidents, bike and boats accidents, dangerous premises, slip and falls and other causes. Accidents can leave you with traumatizing and life-changing injuries. Unfortunately, many victims do not fully understand Ontario personal injury laws or their right to seek personal injury compensation.

Most people shy away from pursuing personal injury claims because they feel intimidated by the process of hiring a lawyer to pursue a personal injury lawsuit. Therefore, many deserving claims are not pursued. In addition, many personal injury victims accept much lower settlements than they deserve.

If you suffer injuries caused by someone else’s negligence, you need to understand your legal rights and how to seek compensation. That’s why it is crucial to consult an experienced personal injury lawyer in Mississauga to help you gather evidence and file a claim to seek compensation. A lawyer will answer any questions that you have and explain the legal process to you to help you seek compensation.

Understanding A Personal Injury Lawsuit

You can pursue a personal injury lawsuit if you suffer harm from an injury or accident caused by someone else’s negligence. A victim brings a legal claim against the party legally responsible for their damages. You will submit a claim to seek compensation from the at-fault party, who could be a person or an entity. You could also submit a personal injury claim to seek certain benefits from your own insurer.

In personal injury claims, the victim is known as the plaintiff, while the at-fault party is known as the defendant. The plaintiff must prove that the defendant acted negligently in relation to the injury or accident that caused their harm.

A Lawyer Will Defend Your Rights

Your personal injury lawyer will gather evidence and present it to prove that the defendant is responsible for the harm you suffered. Your lawyer will support your personal injury claim with evidence, like medical reports, to prove your right to fair compensation. On the other hand, the defendant will hire a lawyer to challenge your claim and prove that they are not responsible for the harm you suffered. For example, the defendant can provide medical records to prove that the victim had certain injuries even before the accident. The defendant could also claim that you are exaggerating your injuries.

Most personal injury cases in Ontario settle out-of-court. However, if settlement is not possible, the case will proceed to trial, where your lawyer and the defence lawyer will present their evidence. After evaluating the evidence, the judge or the jury will give a ruling.

Steps in A Personal Injury Lawsuit

The process of seeking compensation starts with contacting your lawyer. The lawyer will collect information regarding the circumstances of your case. They will also gather evidence to help identify the liable parties. Sometimes, it is not always easy to know who is to blame for your injuries. A lawyer helps you to identify all the at-fault parties.

Your lawyer will seek to know whether all your injuries are related to the accident or whether you had some medical issues even before the accident. How have the injuries impacted your life since the accident? Your lawyer will gather your medical records and reports to prove that you deserve compensation.

After gathering all the necessary evidence, your lawyer may contact the defendant’s insurer to seek a settlement offer. Most cases settle out of court. However, if the plaintiff and the defendant, together with their lawyers, cannot reach an agreement, the case proceeds to trial.

Insurance Companies Will Investigate Your Personal Injury Claims

The defendant’s insurers will likely hire insurance adjusters to investigate your personal injury claim. The sole goal of insurance adjusters is to determine whether the insured is liable for the damages and how much the damages are worth. The insurance adjuster may try to offer you a settlement. Even if the deal seems good, you should not accept any offer without first contacting your lawyer.

Determining the value of a personal injury case is complicated because it is not always clear who is responsible for the accident. Usually, insurance companies will offer you a meagre settlement or refuse your claim altogether. However, having an experienced personal injury lawyer representing you, helps to ensure you get treated fairly.

You Have a Right to File a Personal Injury Claim

You should reach out to a lawyer when you suffer injuries due to another person’s negligence. A lawyer will assess your situation and advise you on your right to seek compensation. After establishing that you have a right to seek compensation, you must then determine the compensation you qualify for.

What if I have a personal injury claim filed against me? You should not panic; you should consult a lawyer. Just because the other party says that you are responsible for their injuries doesn’t mean you are liable. Your lawyer will establish whether you are indeed to blame for the accident.

Whether you have suffered damages from a car accident, a slip and fall, a bike or boating accident, or other you can claim the following damages:

  • Pain and suffering
  • Past and future medical costs
  • Past and future loss of income or loss of earning capacity

The Statute of Limitations for a Personal Injury Lawsuit

There is a limitation on the period within which you can bring a personal injury lawsuit against the defendant, as outlined by the Limitation Act of Ontario. Usually, the time limit for filing a personal injury lawsuit is two years from when the accident or injury occurred. However, there are some exceptions to this period. Your lawyer will help you file your case within the statute of limitations and advise you of any exceptions.

If you fail to file a lawsuit within the applicable statute of limitations, you might lose your right to ever pursue compensation against the defendant.

Find A Personal Injury Lawyer Near Me

You have a right to pursue compensation after suffering damages due to another person’s negligence. To avoid losing this right, you should contact an experienced personal injury lawyer to guide you through the claim process. For guidance and effective legal representation, contact Walter Law Group. Call us to discuss your case.

Can an Employer Reduce Your Salary in Ontario?

Can an employer lower your pay? Can your boss give you a pay decrease? Yes, your employer can reduce your salary in Ontario. The law allows employers to make minor changes to your terms of employment, including slightly reducing your salary. Your employer can also make changes to your hours, job duties, and other terms. Your employer should provide you with sufficient advance notice before implementing the changes.

Wage reduction in Ontario is legal, but if your employer made unilateral changes without giving you adequate notice of the impending changes, this could result in a constructive dismissal. If your employer makes a significant change to your employment terms or asks you to accept such changes, you are under no obligation to consent and you should consult an employment lawyer in Mississauga before you do so.

Small vs Large Wage Reductions

When does a unilateral salary reduction imposed by an employer amounts to constructive dismissal? While there is no firm guideline, if your pay has been reduced by more than 10%, you may have been constructively dismissed and should consult an employment lawyer.

What To Do After A Reduction Of Your Salary

You have several options when your employer changes your job or reduces your pay leading to a possible constructive dismissal:

  • You can accept the changes.
  • You can reject the new terms and request the employer to restore the previous employment terms.
  • You can consult a lawyer about whether you have been constructively dismissed to discuss whether you should pursue a constructive dismissal claim.

When A Pay Cut Amounts to Constructive Dismissal

If an employer makes significant unilateral changes to an employment contract, the employee might feel like they have no other option but to quit. A constructive dismissal can also occur if you are demoted or if an employer behaves in a manner that suggests that they are no longer bound by the terms of the employment agreement. These behaviours include subjecting an employee to abusive treatment, harassing the employees, and taking no action when other parties harass the employee in the workplace.

Constructive dismissal can occur if your employer makes changes that cause you a significant income loss. Common examples include:

  • Changing your commission plan
  • Removing your bonuses
  • Reducing your work hours
  • Adjusting your sales territory
  • Loss of status, demotion or reduction in responsibility
  • Change your commute to an unreasonable time

It is important to note that slight changes to your pay may not be sufficient grounds to file a constructive dismissal claim.  It is important to consult your lawyer to advise you whether you should pursue a constructive dismissal claim.

Whether You Should Agree To A Pay Cut

When you learn about an impending pay cut, all manner of questions will run through your mind. Can my employer change my job and reduce my pay? Can an employer legally reduce your pay in Canada? Should you agree to a pay cut? You can accept a lower pay provided your employer first seeks your consent, and you agree. For example, you can arrange with your employer to change your terms from full-time to part-time and agree on a new payment structure. However, if you do not consent to the pay cut or other changes in your employment contract, you should take legal action. If you remain silent, a court might assume or conclude that you agreed to the changes, making it hard to pursue a constructive dismissal claim.

How You Should Respond To A Pay Cut

In the face of a pay cut or other changes to your employment contract, the steps you take will determine the outcome of your case. You should:

  • Remain calm and professional.
  • Record the details of your pay cut in writing
  • Object to the pay reduction in writing
  • Contact an employment lawyer

Seeking legal advice is crucial because your lawyer will help you determine if you should pursue a constructive dismissal claim. If you fail to respond to your employer after a pay cut, you could lose out on your rights/entitlements.

Contact Us Today

At Walter Law Group, we have handled many cases of constructive dismissal, wrongful dismissal, and harassment in the workplace. Contact us today to book a consultation.