LTD and CPP
Many who have injuries or disabilities also have some form of insurance and protection for income supplement beyond say WSIB, including long term disability insurance usually long term disability insurance is only available for someone who has shown a complete inability to engage in an occupation for which they are suited by age, training and experience, however it should be noted that in the past the courts have found that this does not necessarily mean just any occupation. It usually means some job or occupation for which they are truly suitable. For example, a recent case found that a dentist due to his injuries could not continue as a dentist could continue as a lawyer. The court found the dentist had no interest in being a lawyer and thus was still disabled. Usually the test for receiving disability benefits before the two years, is that you not be able to do the occupation for which you were engaged in at the time of the accident or the disability commenced.

As with any other type of claim you should keep a journal or diary of how your injuries are affecting you and how it limits your ability to do your work or functioning. You will be expected to make some effort to seek work to demonstrate that you have done so and that there were difficulties or problems in continuing working. Of course you will also follow your doctor’s orders or health practitioners orders to the letter to make sure that you are either not attempting work that would be dangerous to your health or not refusing work that is suitable for your physical or mental capacity.

Making a claim properly through a long term disability insurance company is a complex and difficult matter and that is why it is always better to consult with a lawyer at any time with regards to your rights under these complex policies, and to make sure that you are being treated properly by your insurance company.

In addition to WSIB and in some cases disability insurance all citizens of Canada are entitled to recover CPP disability benefits from the Government of Canada or disability benefits from the Ontario Disability Support Program and from the Provincial Government. There programs have a slightly different test, for the receipt of benefits however both basically require that you show that your condition is both severe and prolonged, if your disability fits into that category in the case of CPP you must also show that you made sufficient contributions to receive the standard benefit from the CPP program.

In CPP disability cases and in ODSP cases, it is usually important to show that you have support from your general physician for the proposition that you should receive this benefit. Of course that begins with your physician completing a certificate as part of your application for benefit in these programs. But it should also include the general physician attending to witness on your behalf if the matter has to go to a review tribunal or other hearing level in either program. You should follow your doctor’s orders to the letter. Keep ongoing diaries or journals as to what is happening with you because of the disability.

In regard to CPP, know as well that you do not necessarily have to suffer from a catastrophic injury such as paralysis to recover benefits. For example, a casual postal worker in one precedent was able to receive CPP disability benefits. To get CPP the severe and prolonged disability must prevent you from maintaining a substantially gainful occupation. Again as per the disability insurance case it is not enough to show that you can do just any job. If your disability prevents you from essentially “making a living” then you will likely be able to satisfy the test. However again it is best in relation to these sorts of claims as with any other claim for disability or health benefit to consult with a lawyer with regards to your rights and entitlements under these programs.

The Farant Team Can Help

Contact us today regarding your entitlement to any of the above damages.