Long Term Disability


What to expect from a long-term disability settlement

What to expect from a long-term disability settlement

By Nainesh Kotak A lump-sum settlement can provide the clean break many disabled employees are looking for from their long-term disability lawsuits. Although many insured people start out hoping a full recovery will enable a return to work, by the time they have been forced to sue their insurance company in court for an unfair […]

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Some LTD insurers take advantage of failed returns to work

kotak-law

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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Understanding punitive and aggravated damages in LTD claims

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

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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Preparation key to a successful examination for discovery

Preparation key to a successful examination for discovery (1)

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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Following treatment providers’ advice boosts health, strengthens LTD claim

Following treatment providers’ advice boosts health, strengthens LTD claim

Following your treatment providers’ advice is good for your long-term disability (LTD) claim as well as your health, says Toronto personal injury lawyer Nainesh Kotak. Employees who are forced off work because of a disability will typically end up seeing many medical professionals for a variety of reasons over the course of the LTD claim […]

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Medical diagnosis not enough for many LTD insurers

Medical diagnosis not enough for many LTD insurers (1) (1)

Getting a medical diagnosis is only half the battle for many long-term disability (LTD) claimants, says Toronto disability lawyer Nainesh Kotak. Although a physician’s statement about the worker’s condition and the prognosis is a key part of a long-term disability claim, Kotak, the principal at Kotak Personal Injury Law, says insurers are rarely happy to […]

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Denied LTD benefits? Don’t opt for the insurer’s appeal, hire a lawyer

Denied LTD benefits

When workers are denied short- or long-term disability benefits by their insurance company, they can face an uphill battle getting the necessary evidence to argue their claim. According to Statistics Canada, working-age Canadians have a one-in-three chance of developing a disability that will last for more than three months. Every day, we meet clients who […]

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