Blogs


The challenges of disability claims for workplace stress

By Nainesh Kotak Employees across the country are experiencing unprecedented levels of stress. In a recent survey, almost one quarter (24 per cent) of respondents said their work-related stress has escalated. A significant portion of employees cited burnout symptoms, such as sleep problems, constant worrying and lack of concentration. Another study shows that the main […]

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DENTIST DISABILITY INSURANCE CLAIM DENIED

Dentists often purchase private disability policies through a broker at the start of their career. They do this for peace of mind knowing that as their practice grows their financial obligations will too. Dentists usually chose policies that provide a significant monthly disability benefit that is non taxable and contains a cost of living increase […]

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Some LTD insurers take advantage of failed returns to work

By Nainesh Kotak No injured employee should be punished for a failed attempt to return to work, but long-term disability (LTD) insurers often find a way. Everybody wins when a once-disabled worker recovers to the point that they feel ready to go back to the workplace — as long as their doctors agree it’s safe […]

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Man wins financial settlement from LTD insurer following termination of benefits

Getting approved for long-term disability benefits is only part of the battle for employees who are unable to work as a result of an illness or injury. The sad reality is that claimants need to steel themselves for further fights with their insurer at various stages of the process — often years after receiving their […]

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Understanding punitive and aggravated damages in LTD claims

By Nainesh Kotak If someone has been improperly denied long-term disability (LTD) benefits in a way that caused additional harm to their financial, emotional or mental wellbeing, they may be entitled to receive compensation over and above the past benefits owing. Not every case gives rise to these extracontractual damages — more commonly known as […]

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COVID-related delays the latest weapon for LTD insurers denying mental health claims

By Nainesh Kotak Pandemic-related delays in mental health care are the latest weapon in the arsenal of insurance companies fighting long-term disability (LTD) claims. Our healthcare system has never been perfect, and waiting lists are a fact of life for many Canadians, regardless of your medical ailment. Mental health services have traditionally suffered from a […]

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New eBook demystifies complex world of disability benefit claims

A new eBook provides ordinary Ontarians with the tools they need to get through every stage of a disability claim, according to its author, Toronto disability lawyer Nainesh Kotak. Kotak, the principal and founder of Kotak Personal Injury Law, says the complicated process for claiming benefits and challenging denials can feel labyrinthine to anyone without […]

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How to navigate a disability claim for Long COVID

By Nainesh Kotak We’re still learning about the long-term effects of contracting COVID-19, but a recent report from an Ontario science advisory group estimates that between 57,000 and 78,000 people in the province had or are currently experiencing long-haul COVID symptoms. What constitutes long COVID varies, but it’s essentially when someone’s symptoms extend beyond the […]

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Preparation key to a successful examination for discovery

By Nainesh Kotak Facing questions from an insurance company’s lawyer may sound like a daunting prospect, but it doesn’t have to be once you know what to expect. Thorough preparation can take the anxiety out of an examination for discovery. To get you started, here are a few things to know about this key part […]

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Prepare for battle with LTD insurer at two-year mark in disability claim

By Nainesh Kotak Steel yourself for a fight with your long-term disability insurer two years after receiving your first benefit payment. Although the terms of each LTD group policy will differ, the vast majority take a crucial turn 24 months into the relationship when the test for coverage changes. For the first two years, workers […]

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