Some LTD insurers take advantage of failed returns to work

Posted on March 14, 2022 (June 16, 2023) by 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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Man wins financial settlement from LTD insurer following termination of benefits

Posted on February 20, 2022 (July 5, 2024) by Kotak Law

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

Posted on January 21, 2022 (June 16, 2023) by Kotak Law

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

Posted on December 10, 2021 (December 24, 2024) by Kotak Law

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

Posted on September 28, 2021 (June 16, 2023) by Kotak Law

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

Posted on July 26, 2021 (July 5, 2024) by Kotak Law

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

Posted on May 18, 2021 (June 16, 2023) by Kotak Law

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

Posted on January 21, 2021 (July 5, 2024) by Kotak Law

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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SISIP Long Term Disability Claims for Canadian Armed Forces (CAF)

Posted on December 4, 2020 (July 5, 2024) by Kotak Law

Members of the Canadian Armed Forces (CAF) make the ultimate sacrifice for their country, by putting their lives on the line to defend Canadian values, ideals and sovereignty. The CAF consists of air, land and sea units, being the Royal Canadian Airforce (RCAF), Royal Canadian Army (RCA) and Royal Canadian Navy (RCN). CAF members are ...

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Long Term Disability Claims for Canada Post Workers

Posted on November 27, 2020 (July 5, 2024) by Kotak Law

Postal workers face unique mental health and physical stressors in the workplace, due to the strenuous and repetitive nature of their work. Postal work is performed through a variety of roles, such as drivers, letter carriers, postal sorters, and counter clerks. Many employees work shifts, engage in physical duties and provide services in a customer ...

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