While working as an independent contractor, you want to have the right protections in place. Acquiring a long-term disability plan will give you the peace of mind you need as a contract worker. If your claim is denied in Ontario, however, you can take steps to sue your insurance company to get your disability benefits.
Obtaining Your Own Disability Policy
As a contract worker, you will need to obtain your own disability policy.
You will have to:
- Provide contracts showing your earnings,
- Tax documents, and
- Proof that you have been earning income as a contract worker for at least two years.
Purchasing a long-term disability plan is beneficial because it will help bring you income if you are the sole member of a company and cannot work. Long-term disability policies are also more economical as they will cover more of your income and benefits than short-term disability policies.
Grounds for Suing for Disability
If you purchase an insurance plan and your insurance company is refusing to pay your disability benefits, you can sue for the benefits to which you are entitled under the law.
- The most common reasons contractors sue for disability:
- Your original claim for disability has been denied
- Repeat attempts to file for disability have taken you outside the limitation period to receive disability benefits
- The denial of your claim caused you a great amount of mental or financial stress
- The disability insurance policy was unclear or not properly explained
- The insurance company acted in bad faith by missing or making late payments, cutting off benefits without giving a reason, or ignoring a doctor’s recommendation that you are unable to work
Should I Sue Instead of Appealing a Denial of My Claim?
One of the main reasons to sue is the amount of time the process takes to appeal a claim and apply for disability benefits again. This process could take so long that you will have gone beyond the limitation period, which restricts the amount of a time a person has to initiate court proceedings in regards to a disability, injury, or damages.
In Ontario, you only have two years from the day you knew a claim could be made to bring the case to court. The limitation does not apply to minors or people incapable of initiating a court proceeding unless a litigation guardian has been named for them.
Insurance companies can take a lot of time when deciding whether to approve or deny claims. While there is a fixed timeline for a response, you can waste a lot of time continuously appealing and never see any financial benefit.
In the end, the best way to pursue a denied claim is to get experienced legal representation to help you maximize your benefits.
Working with a Lawyer to Protect Your Rights
The best place to start is by reaching out to an experienced Toronto disability lawyer to help you understand the limitations of a lawsuit. You may have no choice but to sue if your disability appeal is denied. Experienced lawyers can help you understand the process for a lawsuit.
With the right team behind you, you will have the best chance for successfully obtaining the disability benefits you need. Do not hesitate to get started before the limitations run out.
