If you’ve had your disability claim wrongfully denied, don’t give up. Kotak Law specializes in earning disability benefits for individuals that are unable to work because of physical or cognitive disabilities.
Sadly, insurance companies aren’t eager to give their clients a settlement. As many St. Catharines disability claimants discover, insurers will often cancel or seek to stall disability payments. Some claimants give up when faced with a stubborn and intimidating insurer.
Others consult a disability lawyer, to fight for their rights and earn the disability benefits that they deserve.
Call us today or fill out our free online assessment. You only stand to gain from taking charge of your disability claim.
Our clients come first. Always. That’s why we will meet with you at a convenient location – and you won’t pay until you receive a settlement. Call us today.
More Information About Long Term Disability Insurance
The purpose of long term disability (LTD) insurance is to safeguard your finances so that you can continue paying bills and take care of loved ones, despite suffering from a disability or injury.
However, often the insurance company refuses or cancels benefits for those who believe they are eligible. Kotak Law is dedicated to earning compensation for St. Catharines residents whose disability insurance provider unjustly denies them.
Our firm has been represented countless disability insurance claimants throughout Ontario and against all major insurance companies including: Manulife, Sunlife, Desjardins, Great West Life, Blue Cross, AIG, SSQ, RBC, and Industrial Alliance. We have the experience to correct the common mistakes that may delay the approval of your disability claim, and help you properly document your disability. Call us at 1-888-GOKOTAK to schedule a free initial consultation.
Is there a timeline for long term disability claims?
Most LTD plans in St. Catharines have timeframes for when you can apply, related to the onset of injury, and many expect that you first file for short term disability. Thus, it is important to act immediately after suffering from injury or illness. Also, disability claimants should keep in mind the time limitations relating to when they can sue their insurer for benefits. Some claimants spend so much time in their insurance company’s internal review process that they exceed these limits and can no longer pursue litigation.
Is it difficult to qualify for long term disability benefits?
In Ontario, it varies and depends a lot on the type of disability. Almost all long term disability claims taken longer to be approved than short term disability claims normally do (short term disability claims can be approved within a week of being made). Often insurers refuse to pay due to application errors. Commonly claims are rejected because your insurer argues that you have not proved that you are disabled, or that the disability is not severe enough to prevent you from working. Disabilities that are more difficult to measure, such as PTSD or chronic pain, are also more difficult with respect to LTD claims. Sufferers of this type of disability may be forced to litigate to earn the compensation that they deserve.
If your disability claim is denied, you have the right to request a reassessment of the application. However, before submitting the form again, you can consult with a disability lawyer, who will be able to identify likely reasons for your claim being denied, and help you find – and correctly document – the right evidence to have your disability claim approved.
Free and accessible legal advice
At Kotak Law, we know that being forced out of work by a disability makes for stress and financial worry. That’s why we offer free consultations, and meet with our clients at a location convenient to you – whether at your home, at a coffee shop, or even via skype. What’s more, if you sue your disability insurance provider, you won’t have to pay us until you win.
Call Kotak Law today at 1-888-GOKOTAK.
Disclaimer: This article is intended to supply general information to the public. We make every effort to ensure the accuracy of this information. However, as laws change quickly, the reader should always ensure the accuracy and applicability of such information with respect to their particular case. The information contained in this article cannot replace a thorough and complete review of the reader’s situation by competent legal counsel who has had an opportunity to review all of the facts.
Kotak Personal Injury Law
Main offices in Toronto, Brampton, Mississauga
Serving all of Southern Ontario – we come to you!
Phone: (416) 816-1500
Toll Free: 1‑888‑GO‑KOTAK
Fax: (905) 755-8901
Email: info@kotaklaw.com
St Catharines Soccer Players at risk of disabling Brain Injury from Headers
Medical experts have for some time been aware of the link between contact sports, acquired brain injury and degenerative disorders. In the past, hockey, football and boxing have been the focus of studies and media reports on concussion and degenerative disorders that result from multiple blows to the head.
However, more recently, scientists have been studying the effects of head trauma for soccer players (i.e. footballers) and believe there is a potential link between soccer and neurodegenerative brain disorders, such as chronic traumatic encephalopathy (CTE), dementia and Alzheimer’s Disease.
A Feb 15 CBC report titled “Soccer players’ brains show damage ‘probably related’ to frequent heading, neurologists say”, referenced a recent British neurological study which included post-mortems on six retired soccer players with dementia. The British study set out to determine whether dementia is more common among footballers than in the general population. The researchers discovered that all six of these players showed signs of Alzheimer’s disease and four also showed damage typical of CTE. The authors of the study concluded that “this finding is probably related to their past prolonged exposure to repetitive head impacts from head-to-player collisions and heading the ball thousands of times throughout their careers”. However, they acknowledge that more studies are required to determine if there is a cause-and-effect relationship.
CTE is a form of brain degeneration that’s generally associated with repeated head trauma. Concussions do not have to be severe to potentially result in CTE; repeated mild concussions are also dangerous. CTE can result in dementia, and the most common symptoms include: cognitive impairments, lack of impulse control, depression, short-term memory problems, emotional instability, irritability and difficulty executing tasks. A person suffering from CTE may also experience difficulty with speech and language, impairments, and vision and focusing problems.
A study closer to home, carried out at St. Michael’s Hospital in Toronto, found a higher incidence of concussions for female soccer players than males. One of the study’s authors noted that heading the ball won’t necessarily cause an obvious concussion with symptoms; however, an accumulation of impacts over time can result in permanent injury, including cognitive difficulties, memory problems and other symptoms (in “Concussions in soccer: Neuroscientists raise red flag over heading hazards”, CBC News, Jun 15, 2014).
In the United States, the NFL recently reached a settlement for $1 billion in connection with a class-action lawsuit involving thousands of retired players who were diagnosed with brain injuries after having suffered concussions. Similarly, more than 100 former hockey players with post-concussion symptoms have filed a class-action lawsuit against the National Hockey League, alleging that the NHL knew, or should have known, about the connection between repetitive concussions and long-term brain damage, but they failed to protect their players.
The implications of the many studies that reveal the danger of repeated concussion and brain injury is that professional and amateur organizations in St. Catharines, including sports leagues and schools, should be taking precautions to prevent the risk of injury. One of the most basic steps is for coaches and teachers to remove an athlete from play if a concussion is suspected.
In June 2016, Ontario passed ‘Rowan’s Law’, the objective of which is to prevent concussions among youth and children. The law was named after Rowan Stringer, a 17-year-old girl who tragically died after suffering three concussions in high-school rugby games, within a one-week period. Rowan’s death was attributed to “second impact syndrome’ which results from multiple concussions. Rowan’s Law involves 49 recommendations that stemmed from the inquest into Rowan’s death, and includes (but is not limited to) directives such as: increasing concussion education and awareness among coaches, athletes, parents and teachers; better tools to allow coaches/trainers to identify concussions; and putting concussion policies in place in Ontario school boards and sports associations.
At one time, concussions were perceived as very minor injuries with temporary effects. We now know that even ‘mild’ concussions can result in disabling and permanent symptoms that have a devastating effect on the life of a sufferer.
If you or a loved one in the St. Catharines area suffered a brain injury or concussion in an accident caused by a negligent party, call Kotak Personal Injury Law to find out about your legal right to compensation for any losses you sustained as a result of your injury.
Sources:
CBC article on concussions in soccer
CBC article on football and brain health
CBC article on the science of concussions
Globe and Mail article on Ontario concussion bill
