Disability is defined as an impairment or failure to function in the generally accepted way. It could be physical, mental, cognitive, developmental, intellectual, sensory, etc and sometimes a combination of many. It could occur at any time during the person’s life. Disabilities occur because of different reasons: catastrophic events, birth defects or medical conditions. Certain disabilities are caused by illnesses or may occur during the birth process.
They can be divided into long and short term impairments. As a person with long-term disability, you are entitled to benefits and compensation if your disability has been caused by someone’s fault/negligence. Contact a personal injury lawyer to understand these aspects.
Difference between Short and Long Term Disability
Short-term disabilities are usually caused by a certain event such as an accident or illness. The disability may last for a few hours, days or months but there is progress and improvement in the person when the right treatment is given and they can be restored to the condition that prevailed before the catastrophic event.
Long-term disability refers to extended or permanent disability that impairs the person’s ability to function normally, work, enjoy social and cultural aspects, partake in sports and entertainment as others around them do.
There has been a great evolution in the ideas and attitudes towards disability and today, the “rights based model” is prevalent in most countries. Societies are finding ways to ensure that all members, disabled or not, are able to contribute their skills and talents in a productive way in all aspects of life.
Canada offers long-term disability benefits which include financial benefits and a variety of services to help people and their families to maintain a comfortable life. The Canada Pension Plan (CPP) is available as a taxable monthly income for those who had contributed to the CPP but are not presently able to work or earn. To be eligible, the person must have a long-term disability, be below 65 and have contributed to the CPP. Dependent children may also receive a certain amount under this scheme. Persons with disability can receive benefits from other sources like private insurers or assistance programs but the CPP may be adjusted accordingly.
Some Issues Regarding Disability Benefits
Disabilities are not anticipated, planned-for events. Most people avoid taking disability insurance because they feel they may never need it, workers’ compensation would cover any problems, they’re too young to be concerned with it or that they can get coverage on their own. However, as harsh reality proves, these are soon proved wrong. One of the issues that people with long-term disabilities face is that government benefits do not cover all their expenses such as medicines and devices. Assistive technologies that would help the disabled person are also not covered.
An important feature of long-term disability that occurs due to a catastrophic accident or other type of harm is that such events are usually caused by the fault or negligence of another person.
In all such instances, our experienced personal injury attorneys can help people with long-term disabilities to get compensation. Disability benefits help to cover some of the lost or potential income and have a vital role in safeguarding the financial independence and emotional well-being. Obviously, the benefits cannot replace the entire income, but they provide an important buffer that makes life more comfortable for themselves and their families. Our free consultation injury lawyers can help to put together a valid claim for long-term disability benefits.
How We Can Assist
Our experienced injury lawyers can give valuable advice on several aspects of seeking long-term disability benefits. It’s important to remember that there is usually a statute of limitations within which a suit can be filed against those responsible for your disability. In Ontario, for instance, it is two years from the date of the accident/incident or from the date of denial. This does not apply to minors or victims of sexual assault. Typically, insurance companies which have to make the pay-outs tend to delay, deny or dismiss your claims, or reduce the extent of disability etc to avoid or reduce the compensation settlement.
A lengthy system of negotiations and appeals follows, during which the statutory time limit may lapse. Often, communication from the insurers is vague and couched in legal language which the claimant finds difficult to understand. Our spinal cord injury lawyers or serious injury lawyers can help you to deal with the paperwork in a timely manner, putting together a valid claim backed by medical documentation, expert testimony and all the relevant evidence that establishes the fault or negligence of the other person.
If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury Lawyer 24/7 and get instant help.TM (416 807 3486)
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