Aaron Waxman Law - Blog

Understanding Tenant vs. Landlord Responsibility in Falls in Apartment Buildings Before Pursuing a Slip and Fall Injury Lawsuit

Tue, 18 Nov 2025 14:00:01 GMT

Slip and fall accidents in apartment buildings are more common than many people realize. A simple trip on an icy walkway, a wet lobby floor or a poorly lit stairwell can result in serious injuries and raise complicated questions about liability. If you’ve been injured in an apartment slip and fall, you may be wondering: Is the landlord responsible or does the tenant bear some responsibility?

Understanding liability is essential before pursuing a slip and fall injury lawsuit . Below, we’ll break down landlord obligations, tenant responsibilities and situations where both may share liability.

Landlord Obligations in Slip and Fall Accidents

In Ontario, landlords have a legal duty to maintain safe conditions in and around apartment buildings. This responsibility falls under the Occupiers’ Liability Act , which requires landlords (and property managers) to take reasonable steps to keep common areas safe.

Common areas where landlords are responsible include:

Sidewalks, driveways and parking lots
Lobbies, hallways and stairwells
Elevators and laundry rooms
Outdoor areas, such as patios or shared green spaces

Examples of landlord negligence may include:

Failing to clear snow and ice from walkways
Ignoring broken handrails or uneven stairs
Allowing water leaks that create slippery floors
Neglecting poor lighting that contributes to accidents

If a landlord fails to meet these obligations and someone is injured, they may be held liable in a slip and fall injury lawsuit.

Tenant Responsibilities in Preventing Slip and Fall Accidents

Tenants also have responsibilities when it comes to preventing accidents. While landlords oversee common areas, tenants must maintain the inside of their units and avoid creating hazards that could injure others.

Examples of tenant responsibility include:

Cleaning up spills inside their apartment
Avoiding clutter in entryways that could cause trips
Not overloading balconies or hallways with personal items
Reporting hazards (such as leaks or broken lights) to the landlord promptly

If a slip and fall occurs because a tenant failed to act responsibly, they may share liability for the accident.

Shared Liability: When Both Landlord and Tenant May Be Responsible

In many cases, slip and fall liability isn’t black and white. Ontario courts recognize the concept of shared liability, where both the landlord and tenant may be partially responsible.

For example:

A tenant slips on ice outside the building. If the landlord failed to clear the ice, they may be liable. However, if the tenant was running carelessly or wearing unsafe footwear, they may also share responsibility.
A tenant reports a broken stair to the landlord, but the landlord delays repairs. If the tenant continues to use the stair without caution and falls, liability could be divided.

Shared liability means damages may be reduced based on each party’s contribution to the accident.

What to Do After a Slip and Fall in an Apartment Building: Advice from a Slip and Fall Attorney

If you’re injured in a slip and fall, taking the right steps can strengthen your case:

Seek medical attention immediately.
Report the accident to the landlord or property manager.
Document the scene with photos of hazards, lighting and conditions.
Collect witness statements from neighbours or visitors.
Seek legal advice to evaluate your options.

How Can Aaron Waxman and Associates, P.C. Help?

Navigating a slip and fall injury lawsuit can be overwhelming, especially when liability is unclear. Aaron Waxman and Associates, P.C. provides extensive services in personal injury law, including slip and fall cases.

The firm can help you by:

Reviewing your accident to determine whether the landlord, tenant or both are liable
Gathering evidence, including maintenance records and witness statements
Negotiating with insurance companies on your behalf
Pursuing fair compensation for medical bills, lost income and pain and suffering

Our team is well versed in Ontario’s Occupiers’ Liability Act and understands how to build strong cases for injured tenants and visitors.

Conclusion

Slip and fall accidents in apartment buildings raise important questions about tenant vs. landlord responsibility. While landlords must maintain safe common areas, tenants also have a duty to prevent hazards within their units and report issues promptly. In many situations, liability may be shared.

If you’ve been injured, don’t wait to get legal advice. Contact Aaron Waxman and Associates, P.C. today for a free consultation.

Advice from a Long-Term Disability Lawyer: What to Do When Disability Benefits Are Terminated and You are Not Ready to Work

Tue, 04 Nov 2025 14:00:00 GMT

When you rely on long-term disability (LTD) benefits, an early termination can feel overwhelming and unfair. These benefits are designed to provide financial security when you’re unable to work due to illness or injury. Unfortunately, many insurance companies cut benefits prematurely, leaving individuals struggling both financially and emotionally.

If your long-term disability benefits have been terminated, it’s important to know your rights and the steps you can take to challenge the decision. With the help of a long-term disability lawyer , you can review your options to ensure that your rights and interests are protected.

Common Reasons Long-Term Disability Benefits Are Terminated Early

Insurance companies often justify ending long-term disability benefits early with reasons such as:

Claiming medical improvement: The insurer may argue you are healthy enough to return to work.
Policy definition change: After two years, many LTD policies shift from “own occupation” (unable to perform your specific job) to “any occupation” (unable to work in any job). Insurers use this shift to deny claims.
Insufficient medical documentation: If your doctor’s notes don’t align with your reported symptoms, benefits may be cut.
Surveillance or social media monitoring: Insurance companies sometimes use surveillance or online activity to argue that you’re more capable than what was reported.
Administrative or technical reasons: Missed deadlines, incomplete forms or errors in documentation can also result in termination.

Steps to Take If Your Long-Term Disability Benefits Are Terminated

1. Review the Termination Letter

Carefully read the insurer’s letter to understand the stated reason for termination.

2. Gather Documentation

Collect all medical records, test results, treatment notes and any correspondence with your insurer that is already in your possession. An experienced disability lawyer will order any additional clinical notes and records that are needed for your case.

3. Continue Medical Treatment

Keep attending doctor appointments and following prescribed treatments. Consistent medical evidence strengthens your case.

4. Avoid Social Media Risks

Be mindful of what you post online. Even harmless activities can be misinterpreted and used against you.

5. Seek Legal Guidance

Insurance companies have teams of lawyers reviewing claims. Working with an experienced long term disability lawyer ensures you have someone protecting your rights and interests

Why You Should Consult a Long-Term Disability Lawyer

Challenging an LTD termination requires both medical evidence and a deep understanding of insurance law. Aaron’s team consists of experienced lawyers who can:

Review your policy and explain your rights.
Handle communication with the insurance company.
Collect and present strong medical evidence.
Represent you in negotiations or court if necessary.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., our team is well versed in disability law and has extensive experience helping clients across Ontario and Canada challenge premature LTD terminations. Our firm provides:

If your LTD benefits have been terminated early, you don’t have to face it alone. Aaron Waxman and Associates, P.C. will stand with you every step of the way.

Conclusion

Having your long-term disability benefits terminated early can be devastating, but it’s not the end of the road. By reviewing the reasons, gathering evidence and seeking guidance from a long-term disability lawyer, you can fight back and protect your financial security.

If your LTD benefits have been cut off, contact Aaron Waxman and Associates, P.C. today for a free consultation.

Tips from a Life Insurance Lawyer: What Beneficiaries Should Know About the Contestability Period

Tue, 28 Oct 2025 15:19:52 GMT

Losing a loved one is hard enough without the added stress of navigating life insurance claims. For many, the shock of a delayed or denied payout during the contestability period can feel like a second loss. If you're a beneficiary trying to understand why a claim is being questioned or what your options are, this guide is for you.

This article explains what the two-year contestability period in life insurance policies means, why insurers may investigate claims during this time, and common reasons for disputes. If you're facing these issues, speaking with a life insurance lawyer may be essential to understand what steps you can take to protect your rights and move forward with confidence.

What Is the Contestability Period in Life Insurance?

The contestability period is typically the first two years after a life insurance policy is issued. During this time, the insurance company has the right to investigate and contest a claim if it believes there was misrepresentation or fraud in the application.

Key Facts:

The period starts from the policy’s effective date.
It applies regardless of how the policyholder dies.
Claims filed during this window are not automatically denied, but may be delayed or investigated.

Why Do Insurers Contest Claims?

Life insurance companies use the contestability period to verify the accuracy of the policyholder’s application. If a discrepancy is found, even if unrelated to the cause of death, they may delay or deny the claim.

Common Reasons Insurers May Investigate:

Omitted medical conditions: Undisclosed diagnoses, symptoms, future medical appointments, medical tests/investigations or treatments.
Lifestyle misrepresentation: False information about smoking, drug use or risky activities.
Financial misrepresentation: Underreported income or employment status.
Incorrect personal details: Age or identity inconsistencies.

Even an honest mistake can result in a denied claim during this period.

What Happens If the Claim Is Challenged?

If an insurer raises concerns during the contestability period, it will usually:

Request medical records and documents.
Interview doctors, family members or acquaintances.
Delay the payout while reviewing the case.

In the event the insurer denies the claim, they must provide a written explanation.

What Can Beneficiaries Do If a Claim Is Denied?

If you receive a denial letter or experience unexplained delays, you have rights. Here's how to respond:

1. Gather Documentation

Collect the following deceased’s information:

Insurance application
Medical records
Correspondence with the insurer

2. Speak With a Life Insurance Claim Lawyer

Consulting a life insurance lawyer can help you:

Determine if the denial was lawful.
Respond with supporting evidence.
File an appeal or start legal proceedings, if necessary.

How Can Aaron Waxman and Associates, P.C. Help?

Navigating the contestability period can be daunting, especially during a time of grief. Aaron Waxman and Associates, P.C. is well versed in handling life insurance claim disputes, including those involving investigations, delays and wrongful denials.

Our team can help:

Review and challenge claim denials.
Communicate directly with insurers on your behalf.
Advocate for your rights to ensure fair treatment under the law.

Our firm provides clear, compassionate legal support for beneficiaries seeking answers and justice.

Conclusion

The contestability period exists to protect insurers from fraud, but it can also create unexpected obstacles for beneficiaries. If you’re dealing with a denied or delayed claim, you’re not alone and you don’t have to face the process without help.

We offer dedicated legal services to ensure your rights are upheld. Don’t let uncertainty keep you from the benefits you deserve. Contact Aaron Waxman and Associates, P.C. today for a free consultation.

Accidents as Seasons Change: Slip and Fall Lawyer Safety Tips

Mon, 29 Sep 2025 12:00:00 GMT

As autumn unfolds across Ontario, vibrant foliage and crisp air bring seasonal charm. But a seasonal change also has hidden dangers such as wet leaves, early morning frost and reduced daylight, all creating prime conditions for slip and fall accidents. If you're injured due to unsafe property conditions, understanding your legal rights is essential. Here’s what you need to know to help prevent these incidents — and how a slip and fall lawyer can help if one occurs.

Common Autumn Hazards That Can Lead to Slips and Falls

While picturesque, the fall season presents several risks that increase the likelihood of slip and fall injuries, especially on residential and commercial properties. Common hazards include:

Wet leaves: Once they accumulate, fallen leaves can become slippery, especially after rain, posing a threat on sidewalks, driveways and walkways.
Early morning frost: As temperatures drop, frost can form overnight on steps, entryways and parking lots, making surfaces unexpectedly slick.
Poor lighting: Shorter days mean less natural light. Inadequate exterior lighting can obscure obstacles or slippery patches.
Clogged gutters and overflowing water: Blocked gutters may overflow, causing puddles that freeze or become breeding grounds for moss and mold, both of which are slippery.
Uneven ground hidden by leaves: Cracked pavement or uneven surfaces may go unnoticed beneath a blanket of colourful leaves.

Safety Tips for Property Owners and Tenants

Whether you're a homeowner, tenant or business operator, it’s your responsibility to ensure your property is safe for visitors. Here are some preventive tips:

Clear leaves regularly: Rake and remove fallen leaves from walkways, driveways and staircases.
Apply salt or sand early: Early frost can start in October so don’t wait until winter.. Applying salt or sand in the mornings can improve traction.
Improve outdoor lighting: Ensure that entryways and high-traffic areas are well lit during dusk and evening hours.
Repair uneven surfaces: Fix cracks or loose stones on walkways and stairs before they become concealed hazards.
Inspect and clean gutters: Prevent water overflow and freezing by maintaining clear, functional gutters.

What to Do If You Experience a Slip and Fall Injury

If you're injured in a slip and fall accident on someone else’s property, your immediate and long-term actions matter:

Seek medical attention: Your health is the priority. Even if injuries seem minor, get examined by a healthcare provider.
Document the scene: Take photos of the location, the hazard (wet leaves, ice, poor lighting) and your injuries.
Report the incident: Notify the property owner or manager and request a written incident report if possible.
Gather witnesses: If others saw the fall, get their contact information.
Consult a slip and fall lawyer: Legal advice is crucial to understand your rights and the viability of your case.

Understanding Your Legal Options When Filing a Slip and Fall Injury Lawsuit in Ontario

Under Ontario’s Occupiers’ Liability Act , property owners and occupiers have a duty to maintain reasonably safe conditions for people entering their premises. If someone fails to fulfill this duty and you are injured as a result, you may be eligible to file a slip and fall injury lawsuit.

To succeed, your claim must show:

Time is critical. Ontario law generally allows 2 years from the date of the incident to file a claim, though exceptions can apply.

How Can Aaron Waxman and Associates, P.C. Help?

If you've been hurt due to a fall on someone else's property, Aaron Waxman and Associates, P.C. can help by providing comprehensive legal support to pursue a slip and fall injury lawsuit. Our firm is well versed in Ontario’s premises liability laws and has helped many clients secure compensation for their injuries.

We can help by:

Evaluating your claim and determining liability.
Gathering evidence to support your case.
Negotiating with insurers and opposing parties.
Representing you in court if necessary.

Our goal is to ensure you receive fair treatment and the compensation you deserve during a difficult time.

Conclusion

Autumn may be beautiful, but it also brings an increased risk of slip and fall accidents due to seasonal hazards like wet leaves, frost and poor lighting. Whether you're a property owner responsible for maintenance or someone injured by unsafe conditions, awareness and timely action are key.

If you've suffered a slip and fall injury, you don't have to face the legal aftermath alone. Contact Aaron Waxman and Associates, P.C. today and let us guide you through your options and help you pursue fair compensation. Protect your rights and start the recovery process with trusted legal support.

Ontario Long-Term Disability: Partial Benefits & Who Qualifies?

Mon, 22 Sep 2025 12:00:02 GMT

Understanding disability benefits in Ontario can be overwhelming, especially when distinguishing between total and partial disability. While total disability often means being completely unable to work, partial disability applies to individuals who can still work in some capacity, but not at their previous level. If you're navigating Ontario long-term disability (LTD) insurance, it's important to understand how partial disability benefits work and when legal support may be necessary.

What Are Partial Disability Benefits?

Partial disability benefits provide financial support for individuals who, due to a medical condition or injury, are no longer able to work full-time or perform all the duties of their original job. These benefits are designed to supplement the income lost due to reduced work capacity.

Unlike total disability, partial disability doesn't require you to stop working completely. If you're earning less than a certain percentage of your pre-disability income — often around 80% — you may qualify for these benefits.

To be eligible, you generally need:

A diagnosed medical condition that limits your work ability.
A reduction in your income due to your medical limitations.
Proof that you're receiving regular and appropriate medical treatment.

Partial vs. Total Disability: What’s the Difference?

While both types of benefits fall under LTD policies, the distinction is crucial. Total disability typically means you're unable to perform any job, not just your previous one. In contrast, partial disability recognizes that you may still contribute in a limited or modified role. This means you might work fewer hours or take on lighter duties, resulting in reduced pay.

Insurers evaluate how your current condition affects your ability to earn income. If you are still working but making significantly less, partial disability benefits may be available to cover the gap.

Who Can Qualify in Ontario?

To qualify for partial disability benefits under a long term disability policy in Ontario, several criteria must usually be met:

You were previously employed full-time or consistently before your disability.
Your medical condition now prevents you from fulfilling key job responsibilities.
You're earning less because of your limited capacity to work.
You're following your doctor’s treatment plan and regularly updating your insurer.

Insurance providers often require ongoing medical documentation to verify that you continue to meet the requirements.

Why Are Claims Denied or Benefits Cut Off?

Even if you meet the qualifications, your claim for partial disability benefits might still be denied. Some of the most common reasons include:

Many people are surprised when benefits are suddenly stopped, especially after months of compliance and medical treatment. In such cases, understanding your rights and responsibilities becomes critical.

When Should You Contact a Disability Lawyer in Ontario?

If your claim is denied or your benefits are unexpectedly discontinued, it's wise to consult a disability lawyer in Ontario. A lawyer can:

Clarify your policy and legal entitlements.
Help gather and submit supporting medical documentation.
Challenge the insurance company’s decision.
Represent you in mediation or court if needed.

The earlier you speak with a lawyer, the better your chances of preserving your right to benefits. Time limits often apply to appeals and legal action.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we are well versed in helping Ontarians handle disability claim challenges. Whether you're applying for partial disability benefits, appealing a denial, or unsure about your legal options, we’re here to help.

Our team:

Provides free consultations to assess your case.
Offers guidance based on deep knowledge of LTD and short-term disability policies in Ontario.
Is committed to ensuring that you receive fair treatment and the financial support you deserve.

We proudly assist clients throughout Ontario, including Toronto, Mississauga, Brampton, Ottawa, and beyond.

Conclusion

Partial disability benefits can offer vital financial relief if you're unable to work full-time, but are not entirely disabled. Understanding your eligibility, your insurer's obligations and your rights under Ontario law is key to receiving the support you need.

If your claim has been denied or your benefits have been cut off, you don’t have to navigate the process alone. Contact Aaron Waxman and Associates, P.C. today to speak with a dedicated disability lawyer in Ontario who can help you get back on track.

Your Rights in Workplace Investigation: Employment Lawyer Tips

Mon, 15 Sep 2025 12:00:35 GMT

Workplace investigations can be stressful and uncertain, especially when you're unsure of your rights. Whether you are the subject of an investigation or a witness, knowing what to expect and how to protect yourself is essential. In Ontario, workplace investigations often involve serious matters like harassment, discrimination or misconduct, and both employees and employers have specific rights and obligations.

This blog will guide you through your rights during a workplace investigation, common employer responsibilities, and why consulting an employment lawyer early in the process is often crucial.

What Triggers a Workplace Investigation?

Employers in Ontario are legally required to investigate complaints related to:

Workplace harassment or violence , as mandated by Ontario’s Occupational Health and Safety Act (OHSA)
Discrimination or human rights violations , under the Ontario Human Rights Code
Employee misconduct , such as theft, dishonesty or violation of company policy

Investigations can be initiated by a formal complaint, a whistleblower report, or observed behaviour that raises concern.

Your Rights as an Employee During an Investigation

Whether you're the complainant, respondent or a witness, you have several key rights:

1. The Right to Representation

You can seek legal advice or have a representative, like a union rep or an employment lawyer, present during interviews. Many employees mistakenly believe they must face the process alone.

2. Confidentiality

Investigations should be conducted in a confidential manner. While complete secrecy isn't always possible, information must be shared strictly on a need-to-know basis.

3. Protection from Retaliation

Retaliating against an employee who participates in an investigation is illegal. If you experience reprisal,such as demotion, termination or workplace hostility, you may have grounds for a legal claim, including for wrongful dismissal.

Legal Obligations of Employers

Employers must handle investigations in a way that is:

Prompt and thorough
Fair and impartial
Well documented , with outcomes and decisions recorded

Failure to comply can result in legal consequences, including penalties under OHSA or human rights legislation.

Common Types of Workplace Investigations

Harassment and Bullying

Harrassment and bullying are one of the most common triggers for a formal investigation. Employers must act immediately and appropriately.

Discrimination Complaints

These complaints are based on race, gender, age, disability or other protected grounds under the Human Rights Code.

Misconduct or Performance Issues

This occurs when an employee is accused of violating workplace policy or engaging in serious misconduct.

Mistakes Employees Commonly Make

Many employees harm their own case by:

Speaking informally with HR without legal guidance
Providing written statements without understanding the implications
Believing they cannot challenge the process or outcome
Failing to document their own evidence or communications
Not contacting employment or wrongful dismissal lawyers soon enough

These missteps can jeopardize your position, especially if the investigation leads to termination.

How Can an Employment Lawyer Help?

Navigating a workplace investigation can be daunting. Aaron Waxman and Associates, P.C. provides extensive legal services in employment law, helping clients across Ontario protect their rights during every phase of a workplace investigation.

We assist clients by:

Advising on your rights and options before and during interviews
Reviewing and preparing your statements
Ensuring employers comply with procedural fairness
Representing you in claims related to wrongful dismissal or retaliation

If you've been subject to or affected by a workplace investigation, don’t wait. Our team is here to ensure your voice is heard and your rights are upheld.

Conclusion

Being involved in a workplace investigation doesn’t automatically mean you’ve done something wrong. However, the consequences can be significant if you’re not properly informed or represented. If you're facing an investigation, protect your future by consulting an experienced employment lawyer who understands Ontario’s legal landscape.

Car Accident Law: How Pre-Existing Conditions Affect Your Car Accident Injury Claim

Mon, 08 Sep 2025 13:00:04 GMT

When you're involved in a car accident, dealing with injuries is already challenging, but if you have a pre-existing condition, it can complicate your claim. Many people in Ontario worry that their prior injuries or medical conditions will disqualify them from receiving compensation. Fortunately, car accident law in Ontario offers protection and avenues for fair compensation, even when your health history is a factor.

In this blog, we’ll explore how insurers evaluate these cases, what evidence is needed, and how a car accident lawyer can help you strengthen your claim.

Understanding Pre-Existing Conditions in Car Accident Law

Pre-existing conditions refer to any medical issues you had before the car accident occurred. These might include:

Chronic back or neck pain

Arthritis

Previous concussions or traumatic brain injuries
Mental health conditions like PTSD or anxiety
Orthopedic issues such as joint injuries

Under Ontario's car accident law , you are still entitled to compensation if the accident made your condition worse or caused a relapse.

How Insurance Companies Evaluate Pre-Existing Conditions

Insurance companies are known for scrutinizing injury claims and they often use pre-existing conditions to downplay the seriousness of your new injuries.

Here’s how insurers typically approach these cases:

Review of medical history: They will request access to your medical records to determine if the injury was pre-existing.
Argument of non-causation: The insurer may claim that your current symptoms are unrelated to the accident.
Downplaying severity: They may argue that your condition would have deteriorated even without the accident.

This doesn’t mean you're out of options, but it does mean that strong evidence and legal support are critical.

What Evidence Do You Need?

To successfully claim that a car accident worsened your pre-existing condition, you'll need compelling documentation:

Medical records before the accident: Show the baseline of your condition before the crash.
Medical records after the accident: Highlight any new symptoms or increased severity.
Doctor's expert opinion: A healthcare professional can provide a medical opinion confirming that the accident worsened your condition.
Daily impact statements: Personal logs or witness statements about how your life has changed since the accident.

The key is proving that the accident caused a measurable change in your physical or mental condition.

The "Thin Skull" Doctrine: Protection Under Ontario Law

Ontario law applies the "Thin Skull Doctrine" , which holds that defendants (or insurers) must take victims as they are, even if they are more vulnerable to injury due to pre-existing conditions. This legal principle supports your right to compensation, regardless of your prior health issues, as long as the accident made things worse.

How Can a Car Accident Lawyer Help?

Navigating a car accident claim with a pre-existing condition is complex. Here’s how a car accident lawyer can assist:

Thorough case evaluation: Analyzing your medical history and the accident to build a compelling case.
Gathering expert opinions: Collaborating with medical professionals to link your worsened condition to the accident.
Challenging insurer tactics: Pushing back against attempts to minimize or deny your claim.
Negotiating for fair compensation: Ensuring you receive damages for pain, suffering, lost income and medical expenses.

Get Expert Advice from Aaron Waxman and Associates, P.C. Help

At Aaron Waxman and Associates, P.C., we understand how complicated it can be to pursue compensation when you're already dealing with a medical history. Our firm is well-versed in car accident law and has helped countless Ontarians get the settlements they deserve — even with pre-existing conditions.

We provide:

Personalized case assessments
Access to medical experts
Aggressive negotiation with insurance companies
No-win, no-fee arrangements

Let us handle the legal challenges while you focus on recovery.

Conclusion

If a car accident has worsened your pre-existing condition, you don’t have to navigate the process alone. Contact Aaron Waxman and Associates, P.C. today for a free consultation. Let our dedicated car accident lawyers help you protect your rights and secure the compensation you deserve.

Tips from a Life Insurance Claim Lawyer to Navigate Beneficiary Disputes in Ontario

Mon, 25 Aug 2025 13:00:05 GMT

When a loved one passes away, life insurance is often a financial safety net for those left behind. But what happens when multiple individuals claim to be the rightful beneficiary? Disputes over life insurance policies can be legally complex and emotionally taxing, especially when a beneficiary designation is unclear or contested. A life insurance claim lawyer can help ensure you understand your rights and know what your legal options are during such difficult times.

Common Causes of Life Insurance Beneficiary Disputes

Beneficiary disputes often arise due to one or more of the following issues:

Outdated designations: The policyholder may have failed to update their beneficiary after divorce, remarriage or estrangement.
Multiple claimants: More than one person claims to be the rightful beneficiary, citing conflicting documents or verbal promises.
Unclear or ambiguous wording: The designation on the policy may be vague or improperly filled out.
Allegations of undue influence or fraud: Concerns that the deceased was coerced or misled when naming a beneficiary.

These scenarios often leave grieving families entangled in stressful legal battles over life insurance proceeds.

How Are Life Insurance Disputes Resolved in Ontario?

In Ontario, life insurance disputes are typically resolved through one of the following legal channels:

1. Negotiation or Mediation

Often the first step, parties may attempt to resolve the matter amicably through private negotiation or with the help of a mediator. This is usually faster and less costly than litigation.

2. Court Intervention

If mediation fails, the insurer may hold the payout in trust and request the court to decide who the rightful beneficiary is. This is known as an interpleader action , where the insurer asks the court to release them from liability and resolve the dispute between claimants.

3. Challenging the Validity of a Designation

A party may challenge a beneficiary designation on legal grounds, such as:

Lack of mental capacity
Forgery
Improper execution
Revocation through a will or separation agreement

Ontario courts will examine evidence such as the policy documents, witness testimony and the policyholder’s intentions to determine the rightful beneficiary.

What Should You Do If You're Involved in a Life Insurance Dispute?

If you're involved in a life insurance dispute, it’s important to:

Gather all relevant documents (policy, beneficiary forms, communications with the insurer, will, separation agreements)
Avoid direct confrontation with other claimants
Consult a life insurance claim lawyer experienced in dispute resolution and litigation

Time is often of the essence in these matters. Delays can impact your rights and the availability of funds.

How Can a Life Insurance Lawyer Help?

At Aaron Waxman and Associates, P.C., we provide extensive services in resolving life insurance disputes across Ontario . Whether the issue stems from a contested beneficiary designation, unclear policy terms or legal challenges from other claimants, the firm can:

Evaluate your legal standing and the strength of your claim
Handle communications and negotiations with the insurer and other parties
Represent you in court if the matter escalates to litigation
Protect your rights and financial interests every step of the way

Their team is well versed in Ontario’s life insurance and estate laws, offering guidance with compassion and clarity during what is often an emotionally charged time.

Conclusion

Disputes over life insurance policies can add legal stress to an already painful period. Understanding your options and getting the right legal support can make all the difference. If you're facing a contested life insurance claim, don't navigate it alone.

Contact Aaron Waxman and Associates, P.C. today for a free consultation and let an experienced life insurance claim lawyer help you protect your rights.

An Employment Lawyer Explains the Key Differences Between a Temporary Layoff and a Termination in Ontario?

Mon, 18 Aug 2025 13:01:10 GMT

Understanding your employment rights in Ontario can be complicated, especially when it comes to distinguishing between a temporary layoff and a termination. Whether you're an employee facing uncertain job status or someone recently let go, knowing the legal implications of each situation is crucial. In this blog, we break down the key differences, your rights, and how an employment lawyer can help you navigate the process.

What Is a Temporary Layoff?

A temporary layoff happens when your employer pauses your work, but doesn't end the employment relationship. Under Ontario’s Employment Standards Act (ESA) , a temporary layoff may be legal under certain conditions:

It lasts 13 weeks or less in any 20-week period; or
It lasts more than 13 weeks but less than 35 weeks in a 52-week period if the employer continues some benefits, such as health insurance, pension contributions, or offers substantial recall rights.

However, this legal allowance does not automatically give employers the right to lay you off. If your employment contract doesn’t include a clause allowing for temporary layoffs, putting you on one could be considered constructive dismissal. This means that you may be entitled to compensation.

What Is a Termination?

A termination is when your employer ends your job permanently. This can be:

Without cause , typically due to restructuring or cost-cutting
With cause , when the employer alleges serious misconduct

If you're terminated without cause, your employer must usually provide:

Reasonable notice or termination pay in lieu of notice
Possible severance pay , depending on your length of service and the size of the employer’s payroll

Unlike layoffs, termination is final and triggers specific legal obligations on the employer’s part.

Key Differences You Need to Know

Here are the primary differences between a temporary layoff and a termination in Ontario:

Employment status: During a layoff, you're still technically employed. A termination ends your employment completely.
Pay and benefits: Temporary layoffs often come without pay, but benefits might continue if the layoff extends past 13 weeks. Terminations require compensation, such as notice or severance pay.
Duration: Layoffs are time-limited under the ESA (up to 13 or 35 weeks). Anything beyond that is automatically considered a termination.
Consent: If your contract doesn’t mention layoffs, you may have grounds for a wrongful dismissal claim.
Legal implications: A layoff that doesn’t meet ESA conditions or lacks employee agreement could be challenged legally.

When a Layoff Crosses the Line: Tips from Wrongful Dismissal Lawyers

Ontario courts have repeatedly held that unless a temporary layoff is explicitly allowed in your employment agreement, your employer cannot impose it unilaterally.

You might be entitled to compensation if:

Your employment contract does not allow for layoffs .
Your layoff extends beyond the allowed ESA timeframe .
You are not recalled to work within the legal period.

In these cases, what seems like a temporary pause could legally be viewed as a termination, triggering your right to notice or severance.

Your Rights Under Ontario Employment Law

If you’ve been laid off or terminated, you have rights under the ESA and common law, including:

Notice of termination or termination pay
Severance pay , if you qualify
Potentially greater common law entitlements , especially for long-term employees

Navigating these rights alone can be complex. That’s why many turn to experienced employment lawyers to assess whether their rights have been violated and what compensation they might be owed.

How Can Aaron Waxman and Associates, P.C. Help?

We provide extensive services in employment law , with a strong focus on protecting employee rights. If you’re facing a layoff or termination, or if you suspect you’ve experienced wrongful dismissal, we’re here to help.

Our team of wrongful dismissal lawyers can:

Review your employment contract and layoff conditions
Determine whether your layoff qualifies as constructive dismissal
Help you recover owed notice or severance pay
Negotiate with your employer or represent you in legal proceedings

We offer free consultations — and we don’t get paid unless we recover compensation for you.

Conclusion

If you’ve recently been laid off or terminated in Ontario, don’t assume your employer followed the law. Temporary layoffs may seem routine, but without the proper legal basis, you could be entitled to some compensation.

Contact Aaron Waxman and Associates, P.C. today for a free consultation with an experienced employment lawyer. Your future and financial security may depend on it.

Pedestrian Accidents and Car Accident Law in Ontario: Legal Rights and Compensation Options

Mon, 11 Aug 2025 13:00:02 GMT

Pedestrian accidents can result in serious injuries, overwhelming medical costs and lasting trauma. If you've been hit by a vehicle in Ontario, you may feel unsure about what your legal rights are, who is liable, or how to begin the claims process. This post explores the key aspects of pedestrian accident claims under car accident law , including how liability is determined, the role of insurance and the legal steps available to pursue compensation.

Common Causes of Pedestrian Accidents

Pedestrian accidents often occur due to driver negligence or unsafe road conditions. Common scenarios include:

Distracted or impaired driving
Speeding, especially in residential zones
Failing to yield at crosswalks or intersections
Weather-related visibility issues
Poorly designed or maintained pedestrian pathways

Ontario’s roads are governed by strict rules designed to protect both drivers and pedestrians. However, when a driver fails to uphold these responsibilities, the consequences can be devastating for the pedestrian involved.

Who is Liable in a Pedestrian Accident?

Under Ontario’s car accident law , there is a reverse onus in pedestrian accidents. This means the driver is presumed at fault unless they can prove otherwise. This legal structure offers significant protection to pedestrians, shifting the burden of proof to the driver.

However, this does not mean the pedestrian is never scrutinized. If the pedestrian was jaywalking, distracted or impaired, this could influence the final liability determination, potentially reducing the compensation through a concept called contributory negligence.

What Insurance Covers in Pedestrian Accidents

Ontario’s no-fault insurance system ensures that pedestrians injured by a motor vehicle can access Statutory Accident Benefits (SABs) regardless of who is at fault. These benefits may include:

Medical and rehabilitation expenses
Income replacement
Attendant care benefits
Non-earner benefits (if not working at the time)

In addition to these no-fault benefits, you may be eligible to pursue a tort claim against the at-fault driver for damages not covered under SABs, such as:

Pain and suffering
Future loss of income
Loss of enjoyment of life
Out-of-pocket expenses

Steps to Take After a Pedestrian Accident

If you've been hit by a vehicle, it’s crucial to take the right steps to protect your rights and build a strong case:

Seek medical attention immediately , even if injuries seem minor.
Report the accident to police and obtain a report number.
Collect evidence, including witness statements, photos, dashcam footage and driver information.
Notify your insurance company to apply for accident benefits.
Consult a car accident lawyer to understand your legal options and timelines.

There are strict limitation periods for filing claims in Ontario. For example, tort claims must typically be initiated within two years of the accident date.

How Can a Car Accident Lawyer Help?

At Aaron Waxman and Associates, P.C., our team is well versed in car accident law and has extensive experience helping injured pedestrians pursue the compensation they deserve. We understand how overwhelming the legal and insurance processes can be, especially when recovering from a serious injury.

We provide:

Clear guidance on your legal rights and compensation options
Skilled negotiation with insurance companies
Support for both accident benefits and tort claims
No fees unless we win your case

We’re committed to ensuring your voice is heard and your recovery is supported — legally, financially and emotionally.

Conclusion

Pedestrian accidents can lead to serious injuries and complex legal challenges. Understanding your rights under Ontario’s car accident law is essential to securing the compensation and support you need to recover.

If you've been hit by a vehicle, we can help. Our team provides clear legal guidance and strong representation to ensure you get the benefits and compensation you deserve. Contact Aaron Waxman and Associates, P.C. today for a free consultation.

When Insurers Ignore Medical Evidence: Tips from a Long-Term Disability Lawyer to Challenge a Denied Disability Claim

Wed, 06 Aug 2025 15:08:24 GMT

Imagine receiving a denial letter from your insurance company despite submitting extensive medical documentation proving your disability. You’re not alone as this scenario is all too common. When an insurer dismisses clear medical evidence, it can feel both frustrating and unjust. Fortunately, you are not powerless. This guide explains why long-term disability claims get denied and how you can challenge the decision with the help of a qualified long-term disability lawyer .

Why Do Insurers Deny Disability Claims When Strong Medical Evidence Is Provided?

Insurance companies have a duty to assess disability claims fairly , but that doesn’t always happen. Here are some common reasons insurers may reject valid claims:

Conflicting opinions from insurance doctors: Insurers often rely on assessments from their own doctors, who may never even meet the claimant.
Surveillance and social media: Insurers may use surveillance footage or social media activity to suggest a claimant is not truly disabled.
Definition disputes: The definition of “disability” in your policy may be interpreted in the insurer’s favour.
Incomplete forms or inconsistencies: Even small discrepancies in documentation can be used as justification for a denial.
Pre-existing condition clauses: Some denials are based on clauses excluding coverage for certain conditions, even when irrelevant.

Steps to Take When Your Disability Claim Is Denied

A denial doesn’t have to be the end of your journey. Here's what you can do:

1. Request a Detailed Explanation

Ask your insurer for a written explanation of the denial. Understanding the insurer’s reasoning helps you identify how to respond effectively.

2. Review Your Insurance Policy

Check the definitions, exclusions and appeal timelines. This information will guide your next steps.

3. Gather Additional Evidence

Even if you submitted medical records, consider obtaining:

A detailed letter from your treating physician
Functional capacity evaluations
Psychological assessments, if applicable

4. File an Internal Appeal

Most insurance companies allow at least one level of internal appeal. Ensure you meet deadlines and include any new evidence or clarification.

When Should You Consult a Disability Lawyer in Ontario?

If your appeal is denied, or if you suspect the insurer is acting in bad faith, it's time to consult a disability lawyer. A lawyer can:

Communicate directly with the insurer: This can reduce stress and ensure all legal bases are covered.
Challenge surveillance or biased assessments: Lawyers know how to counter misleading evidence.

File a lawsuit: If negotiations fail, your lawyer can take your case to court.

How Can Aaron Waxman and Associates, P.C. Help?

We are well versed in handling long term disability claims in Ontario. If your insurer has denied your claim despite strong medical support, our team can:

Review your insurance policy and denial letter thoroughly.
Advise you on gathering further medical and occupational evidence.
Represent you during internal appeals and litigation.
Advocate for a fair settlement or trial outcome.

We understand how stressful it is to be denied benefits you depend on. Let us take on the legal burden while you focus on your health.

Conclusion

When insurers dismiss medical evidence and deny legitimate disability claims, it’s important not to give up. By understanding your rights and working with a trusted long-term disability lawyer, you can challenge the denial and pursue the benefits you deserve.

Contact Aaron Waxman and Associates, P.C. today for a free consultation. We’ll fight to ensure your rights are respected and your voice is heard.

Understanding Slip and Fall Claims in Ontario: Key Factors That Influence Liability

devops@elitedigital.ca (Dev Ops) — Mon, 28 Apr 2025 13:00:05 GMT

A slip and fall accident can happen in an instant, but it may result in serious injuries with long-term consequences. In Ontario, property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to do so, they may be held liable for injuries caused by hazardous conditions.

If you’ve been injured in a slip and fall accident, you may be wondering: Who is responsible? What evidence do you need? How do courts determine negligence? This blog will break down the key factors that influence liability in a slip and fall claim and explain how a slip and fall lawyer can help you seek the compensation you deserve.

What Determines Liability in a Slip and Fall Case?

Liability in slip and fall cases is based on negligence, meaning that a property owner, business, or municipality failed to take reasonable steps to maintain safe conditions on their property. Here are the primary factors courts consider when assessing responsibility:

1. Property Owner Responsibilities

In Ontario, the Occupiers' Liability Act requires property owners, landlords and businesses to ensure their premises are reasonably safe. This includes:

Clearing ice and snow from walkways
Repairing uneven surfaces, broken stairs, or loose railings
Ensuring proper lighting in public spaces
Removing tripping hazards like loose rugs or debris
Posting warning signs for wet floors or dangerous conditions

If a property owner fails to take these precautions and someone is injured, they may be liable for damages.

2. The Importance of Evidence in a Slip and Fall Claim

Gathering strong evidence is crucial in proving liability and supporting your injury claim. Important pieces of evidence include:

Photographs and Videos – Take clear photos of the hazardous condition that caused your fall (e.g., icy sidewalk, broken step, wet floor).
Incident Report – If you fell in a store, restaurant, or public space, ask the manager to document the incident.
Witness Statements – If someone saw the fall, their testimony could support your claim.
Medical Records – Seek medical attention right away and keep records of your injuries and treatment.
Maintenance Records – In some cases, records of property maintenance (or lack thereof) can show negligence.

A slip and fall lawyer can help you gather the necessary evidence to build a strong case.

3. Weather Conditions and Their Impact on Liability

Ontario’s harsh winters can create hazardous conditions. However, property owners are still required to take reasonable steps to clear ice and snow in a timely manner. Courts will consider factors such as:

How long the dangerous condition was present
Whether the property owner had a reasonable opportunity to fix the hazard
If maintenance schedules were followed
Whether salt, sand, or warning signs were used

If a property owner neglected winter maintenance, they could be held accountable for an injury from a slip and fall accident.

4. Maintenance Issues and Negligence

A slip and fall case often hinges on whether the property owner was aware of the danger or should have been aware. Common maintenance-related hazards include:

Poorly maintained staircases or handrails
Spilled liquids left unattended in stores
Uneven pavement or broken sidewalks
Cluttered aisles or loose carpeting

If a hazard was present for an extended period without being fixed, it strengthens the case for negligence against the property owner.

How Courts Assess Negligence and Award Compensation

To succeed in a slip and fall claim, the injured party must prove:

The property owner owed them a duty of care.
The owner failed to take reasonable steps to maintain safe conditions.
The hazardous condition directly caused the fall and injuries.

If negligence is established, compensation may cover:

Medical expenses
Lost income due to inability to work
Pain and suffering
Rehabilitation costs
Out-of-pocket expenses

Each case is unique, and courts will evaluate factors such as the severity of injuries and the impact on the victim’s life.

How Can Aaron Waxman and Associates, P.C. Help?

Navigating a slip and fall claim can be complex, but you don’t have to do it alone. Aaron Waxman and Associates, P.C. has extensive experience helping injured individuals pursue fair compensation for their losses.

Our team will thoroughly investigate your accident, gather key evidence, and determine whether negligence played a role in your injury. We handle negotiations with insurance companies to ensure you receive the compensation you deserve. If necessary, we are prepared to take your case to court and fight for your rights.

Conclusion

Slip and fall accidents can lead to serious injuries, financial strain and emotional distress. Understanding liability is crucial when pursuing a claim, as property owners have a legal duty to maintain safe premises. By gathering strong evidence and proving negligence, you can improve your chances of securing fair compensation.

However, navigating a slip and fall claim can be challenging, especially when dealing with insurance companies or legal complexities. That’s where an experienced slip and fall lawyer can make all the difference.

If you or a loved one has suffered an injury in a slip and fall, don’t hesitate to seek legal guidance. Aaron Waxman and Associates, P.C. is here to help you understand your rights and fight for the compensation you deserve. Contact us at 416-661-4878 or awaxman@awaxmanlaw.ca today for a free consultation—because when you can’t work, we work for you.

Denied Disability Benefits: What to Do When Your Claim Is Rejected Due to Insufficient Medical Evidence

devops@elitedigital.ca (Dev Ops) — Tue, 22 Apr 2025 00:45:00 GMT

If you're making a claim for short-term disability in Ontario, a strong medical record is essential. However, many claims are denied due to insufficient medical evidence, leaving applicants frustrated and financially strained. Insurance companies require detailed documentation proving the severity of your condition and its impact on your ability to work.

This blog explores why insurers deny claims due to inadequate medical evidence, how to strengthen your claim with proper medical documentation, the steps to take after a denial, and how a long-term disability lawyer can help you fight back.

Why Are Disability Benefits Denied Due to Insufficient Medical Evidence?

Insurance companies require clear and objective medical proof that a condition prevents you from working. Common reasons for denial include:

Lack of detailed medical reports — Brief doctor’s notes may not be enough to demonstrate your condition's severity.
Inconsistent treatment history — Gaps in medical care or failure to follow recommended treatments can weaken your case.
No specialist support — Reports from family doctors carry less weight than those from specialists.
 Failure to link the condition to work limitations — The insurer must see a direct connection between your illness/injury and your inability to work.

How to Strengthen Your Disability Benefits Claim

1. Contact the Lawyers at Aaron Waxman and Associates For a Free Consultation

A long-term disability lawyer at Aaron Waxman and Associates can review your claim, gather missing evidence, and challenge an unfair denial. We understand how to present medical evidence in a way that meets the insurer’s strict criteria.

2. Obtain Comprehensive Medical Records

The lawyers at Aaron Waxman and Associates can order your medical records in support of your disability claim.

Tip: Ask your doctor to be as specific as possible about work restrictions caused by your condition.

3. Follow All Recommended Treatments

Failing to follow prescribed treatments (e.g., physiotherapy, medication, counseling) can give insurers a reason to deny your claim. If you cannot follow a treatment recommendation due to side effects or financial reasons, ask your doctor to document this in your medical file. Additionally, if you and your doctor are of the view that a specific treatment will not be of benefit, then your medical records should indicate this.

4. Seek Support from Medical Specialists

Reports from specialists (e.g., neurologists, psychiatrists, orthopedic surgeons) carry more weight than those from family doctors. If you haven’t seen a specialist, and your doctor is of the view that your condition may be improved by referral to a specialist, then your doctor ought to make the appropriate referral.

What to Do If Your Claim Is Denied

Request the denial letter — Review the reasons for rejection.
 Consult a disability lawyer — Contact Aaron Waxman and Associates for a free consultation.

How Can Aaron Waxman and Associates, P.C. Help?

If your disability claim was denied due to insufficient medical evidence, the lawyers at Aaron Waxman and Associates P.C. can assist in gathering the necessary medical documentation, communicating with doctors and specialists to strengthen your claim, and challenging the insurance company’s decision to secure the benefits you deserve.

Conclusion

Being denied disability benefits can be overwhelming. Retaining the lawyers at Aaron Waxman and Associates to assist with your disability lawsuit is a gamechanger that will get you the benefits you deserve. If you're claiming short-term disability in Ontario or facing a long-term disability claim denial , take action quickly. A disability lawyer can increase your chances of success and help you secure the benefits you deserve.

Need help? Contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca today!

Employee Rights in Ontario: Addressing Wage Disputes and Unpaid Overtime

devops@elitedigital.ca (Dev Ops) — Mon, 14 Apr 2025 13:00:00 GMT

Fair wages and overtime pay are fundamental rights for employees in Ontario. However, many workers face issues such as wage theft, unpaid overtime, and misclassification, leaving them financially vulnerable. Understanding your legal rights is crucial in ensuring fair compensation for your work.

If you are dealing with a wage dispute, consulting an employment lawyer can help you navigate the complexities of Ontario’s labour laws. This blog will cover the most common wage-related issues, how to document violations, and the legal options available to employees seeking justice.

Understanding Wage Disputes in Ontario

Wage disputes arise when an employer fails to pay an employee correctly. Common issues include unpaid wages, unpaid overtime, misclassification of employees and minimum wage violations.

Ontario’s Employment Standards Act (ESA) sets out specific rules for wages and overtime pay. If an employer violates these laws, employees have legal recourse.

Unpaid Overtime: What Are Your Rights?

In Ontario, most employees are entitled to overtime pay if they work more than 44 hours per week. The ESA mandates that overtime pay must be at least 1.5 times the regular hourly rate.

Common Overtime Violations

Many employees experience overtime violations, including employers requiring unpaid overtime, misclassifying employees as "managers" or "contractors" to avoid paying overtime, and forcing employees to work "off the clock."

If you suspect unpaid overtime, it is crucial to document your hours and seek legal guidance from an employment lawyer.

Wage Theft: How to Recognize and Address It

Wage theft occurs when an employer fails to pay an employee what they are legally owed. This can include not paying for all hours worked, deducting wages without consent, failing to provide vacation pay, or paying employees under the table to avoid employment benefits.

If you believe you are a victim of wage theft, the first step is to gather evidence. Keep records of your hours worked, save pay stubs and written communication with your employer, and take note of any wage deductions or discrepancies.

Once you have documentation, you can file a complaint with the Ontario Ministry of Labour or consult a wrongful dismissal lawyer if the issue has led to job termination.

Steps to Take If Your Employer Isn’t Paying You

If your employer is failing to pay you fairly, take the following steps:

Speak to Your Employer: Address the issue directly and keep records of your conversations.
Document Everything: Keep a detailed record of hours worked, payments received, and any missing wages.
File a Claim with the Ministry of Labour: You can submit a formal complaint online if your employer violates wage laws.
Consult an Employment Lawyer: A lawyer can help you take legal action if your employer refuses to comply with the law.

Employees should act quickly, as Ontario has strict time limits for filing wage complaints.

How Can Aaron Waxman and Associates, P.C. Help?

If you are dealing with unpaid wages, overtime disputes, or wrongful dismissal , Aaron Waxman and Associates, P.C. can provide legal guidance and representation. Our team of employment lawyers understands the complexities of Ontario’s labour laws and is committed to protecting employee rights.

We assist employees in filing wage claims with the Ministry of Labour and negotiating fair compensation with their employers. If necessary, we take legal action to ensure our clients receive the wages they are owed.

Conclusion

Every worker in Ontario has the right to fair wages and proper overtime pay. If you believe your employer is violating labor laws, don’t hesitate to take action. Whether through government claims or legal representation, you have options to recover the wages you are owed.

Need legal help? Contact an employment lawyer at Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca today.

Pedestrian Accidents in Ontario: Legal Steps for Claiming Compensation

devops@elitedigital.ca (Dev Ops) — Mon, 07 Apr 2025 13:00:02 GMT

Being involved in a pedestrian accident with a motor vehicle can be a life-altering experience, leaving victims with serious injuries, financial burdens and emotional distress. Understanding your legal rights is crucial to ensuring you receive the compensation you deserve. In Ontario, pedestrians injured in accidents with motor vehicles may be entitled to benefits through insurance claims and lawsuits. This blog explores the key legal steps for pedestrian accident victims, including determining fault, collecting evidence, and seeking compensation under Ontario’s car accident laws.

Who Is at Fault in a Pedestrian Accident?

Determining fault is a crucial step in any pedestrian accident claim. Ontario law generally follows a "reverse onus" principle when a pedestrian is struck by a motor vehicle. This means that the driver of the motor vehicle is presumed to be at fault unless they can prove otherwise.

Common Causes of Pedestrian Accidents

Driver negligence (e.g., speeding, distracted driving, impaired driving)
Failure to yield at crosswalks or intersections
Poor road conditions or obstructed visibility
Pedestrian negligence (e.g., jaywalking or crossing against signals)

If a driver can demonstrate that the pedestrian acted negligently—such as by running into traffic unexpectedly—the pedestrian’s compensation may be reduced under the principle of contributory negligence.

Steps to Take After a Pedestrian Accident

If you have been hit by a car as a pedestrian, taking the following steps can strengthen your claim:

1. Seek Immediate Medical Attention

Even if your injuries seem minor, some symptoms may develop later. A timely medical report provides critical evidence for your claim.

2. Report the Accident

Call 911 to report the accident and ensure the police create an official accident report.
If police do not attend the scene, report the accident at a Collision Reporting Centre.

3. Collect Evidence from the Scene

Take photos/videos of the accident scene, including traffic signals, crosswalks and road conditions.
Obtain witness statements from anyone who saw the accident.
Exchange information with the driver , including their name, license plate number and insurance details.
 Contact a lawyer at Aaron Waxman and Associates for a free consultation.

4. Notify Your Insurance Provider

In Ontario, you can file a claim with your own auto insurance company for accident benefits—even if you were a pedestrian. If you do not have auto insurance, you may still be eligible for compensation for accident benefits through the driver’s insurance policy.

5. Consult a Car Accident Lawyer

A lawyer can help ensure that you receive the full compensation you are entitled to and assist in handling insurance disputes or lawsuits against the at-fault driver.

What Compensation Can a Pedestrian Accident Victim Claim?

Ontario’s insurance laws allow pedestrian accident victims to seek compensation through Statutory Accident Benefits (SABS) and a personal injury lawsuit.

1. Statutory Accident Benefits (No-Fault Benefits)

Pedestrian accident victims may qualify for SABS benefits, which can include:

Medical and rehabilitation expenses (e.g., physiotherapy, surgeries, assistive devices)
Income replacement benefits (up to 70% of lost wages, with limits)
 Attendant care benefits (if ongoing care is needed)

2. Personal Injury Lawsuit (Tort Claim)

If the driver was negligent, you may sue for:

Pain and suffering (for physical and emotional distress)
Loss of future earnings (if you are unable to work due to long-term injuries)
Out-of-pocket expenses (including medical bills and transportation costs)
Other types of damages

When Should You Contact a Lawyer?

Navigating Ontario’s car accident laws can be complex, especially when dealing with insurance companies and proving liability. You should consult a car accidents lawyer if:

The insurance company denies or undervalues your claim.
You have suffered severe or long-term injuries.
The at-fault driver disputes liability.
You are unsure about your legal rights or the claims process.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we understand the challenges pedestrian motor vehicle accident victims face. Our team is well versed in Ontario’s car accident laws and will guide you through the insurance claims process, help you gather evidence to prove negligence, and negotiate with insurance companies on your behalf. If necessary, we will represent you in court to secure the compensation you deserve.

You don’t have to navigate this process alone. We offer free consultations and work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you or a loved one has been involved in a pedestrian motor vehicle accident, seeking legal guidance can make all the difference in your case. A car accident lawyer can help you gather evidence, negotiate with insurance companies, and ensure you receive the full compensation you are entitled to. Don't wait—taking action as soon as possible can strengthen your claim and improve your chances of a successful outcome.

For trusted legal support, contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca today for a free consultation. Let us help you get the compensation you need to move forward.

Spring Safety: Preventing Slip and Fall Accidents During the Thaw in Ontario

devops@elitedigital.ca (Dev Ops) — Thu, 27 Mar 2025 13:00:00 GMT

The arrival of spring brings longer days and warmer temperatures, but it also comes with its own set of hazards. Melting ice, uneven walkways, and lingering debris from winter create perfect conditions for slip-and-fall accidents. For property owners and occupiers, this season comes with legal responsibilities, while individuals must remain vigilant to avoid injuries. But what happens when precautions fail, and an accident occurs?

In this blog, we’ll explore common springtime slip-and-fall hazards, property owner duties, and the steps victims should take to pursue a slip-and-fall lawsuit. If you’ve been injured, the lawyers at Aaron Waxman and Associates PC can help you navigate your options and protect your rights.

Common Spring Hazards That Lead to Slip and Fall Accidents

Spring weather can quickly turn walkways and public areas into accident zones. Below are some common hazards to watch out for:

Melting Ice and Snow:
As temperatures rise, patches of melting ice can create slippery surfaces, especially in shaded areas.
Uneven Walkways:
Winter freeze-thaw cycles can damage sidewalks and pathways, leaving cracks, potholes, and uneven surfaces.
Debris and Obstructions:
Fallen branches, gravel, and other winter debris can become tripping hazards if not promptly cleared.
Wet Floors:
Entrances to buildings often become slippery due to melting snow and mud being tracked indoors.

Property Owner Responsibilities During the Spring Thaw

In Ontario, property owners are legally obligated to maintain their premises in a reasonably safe condition. This duty includes:

Clearing Walkways: Regular removal of ice, snow, and debris to prevent accidents.
Prompt Repairs: Fixing cracked or uneven walkways to minimize hazards.
Posting Warnings: Using signs to alert people to wet floors or other dangers.

Failure to address these responsibilities can make property owners liable for injuries, opening the door to a slip-and-fall lawsuit.

Steps to Take After a Slip and Fall Accident

If you’ve been injured in a slip-and-fall accident, taking these steps can strengthen your case:

Seek Medical Attention:
Prioritize your health and document your injuries with a healthcare professional.
Document the Scene:
Take photos of the hazard that caused your fall and gather any other evidence, such as weather conditions or property maintenance records.
Report the Incident:
Notify the property owner,manager or occupier about the accident and ensure it’s documented.
Collect Witness Information:
If others saw the incident, get their contact information to support your case.
Consult a Lawyer:
The lawyers at Aaron Waxman and Associates PCcan help assess your claim and guide you through the legal process and ensure that proper legal notice is given in accordance with the legislation.

Preventing Springtime Slip and Fall Accidents

While not every accident is preventable, there are steps you can take to reduce your risk. Wearing sturdy, non-slip footwear when outdoors and staying alert to your surroundings, particularly on uneven walkways, can make a difference. Using railings or supports when navigating potentially hazardous areas is also advisable. Additionally, encourage property owners to maintain safe conditions by promptly reporting hazards you encounter.

How Can Aaron Waxman and Associates, P.C. Help?

Navigating a slip-and-fall lawsuit can be overwhelming, but you don’t have to do it alone. Aaron Waxman and Associates, P.C. provides compassionate, knowledgeable legal assistance for victims of slip-and-fall accidents.

Our team begins by carefully assessing the details of your accident to determine whether you have a strong claim. We then gather and analyze all necessary evidence, including maintenance records and witness statements. From settlement negotiations to court proceedings, we advocate for your right to fair compensation every step of the way.

At Aaron Waxman and Associates, P.C., we are committed to helping you recover physically, emotionally, and financially after an injury.

Conclusion

Spring may be a season of renewal, but for some, it also brings unexpected injuries. Recognizing hazards, understanding your rights, and knowing when to seek legal help are essential in protecting yourself and holding negligent parties accountable.

If you’ve suffered a slip-and-fall injury, don’t wait. Contact Aaron Waxman and Associates, P.C. today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation to discuss your options.

Life Insurance Disputes: Understanding the Contestability Period in Ontario

devops@elitedigital.ca (Dev Ops) — Tue, 25 Mar 2025 13:00:00 GMT

Life insurance provides financial security to loved ones after the death of a policyholder. However, beneficiaries may face unexpected hurdles when filing a claim, especially during the contestability period. If you’ve had a life insurance claim denied, understanding the reasons and knowing your legal options is crucial.

In this blog, we’ll explain the contestability period in Ontario, common reasons for claim denials during this time, and how beneficiaries can challenge a denied life insurance claim.

What is the Contestability Period in Life Insurance?

The contestability period is a timeframe—typically two years from the date a life insurance policy is issued—during which the insurer can review and deny claims due to misrepresentation or omissions in the application.

This period does not mean that insurers automatically deny claims, but they do have the right to investigate and verify details during this time. The policy itself remains valid, but the insurer may use this window to challenge the legitimacy of the claim based on the information provided in the application. Once the contestability period ends, claims are generally harder for insurers to deny unless fraud is proven.

Why Claims Are Denied During the Contestability Period

A denied life insurance claim during the contestability period often stems from issues in the application process. Insurers may claim the policyholder:

Misrepresented Medical History
Incomplete or inaccurate information about past medical conditions, treatments, or medications can lead to denial.
Omitted Risky Behaviours
If the policyholder engaged in high-risk activities like smoking, extreme sports, or substance abuse but did not disclose them, the insurer may reject the claim.
Errors in Application Forms
Even honest mistakes in paperwork—like incorrect dates or misunderstanding questions—can trigger a denial.
 Undisclosed Financial or Occupational Details
Some policies evaluate financial and occupational risks. Inaccurate or missing information in these areas can result in disputes.

Challenging a Denied Life Insurance Claim

Having your life insurance claim denied is distressing, but you can take steps to challenge the decision.

Request a Detailed Explanation
Start by asking the insurer for a written explanation of the denial. Insurers must provide reasons, such as misrepresentation or policy exclusions.
Review the Policy Terms
Carefully read the policy to understand the contestability period, exclusions, and conditions. This will help identify whether the denial is valid. Respectfully, an experienced life insurance lawyer is in most cases better suited to interpreting and analyzing the policy.
Provide Additional Evidence
Prior to providing any additional evidence, you should seek out and retain counsel that is familiar with both life insurance claims and the insurer. You do not want to submit documentation that the insurer may use to undermine your claim and an experienced life insurance lawyer will be aware of the documentation that should not be submitted.
Consult a Life Insurance Lawyer
Navigating disputes can be complex. A life insurance lawyer can help assess the validity of the denial, negotiate with the insurer, or escalate the matter to legal proceedings if necessary.

Common Myths About Denied Life Insurance Claims

Myth: Claims during the contestability period are always denied.
Reality: Not all claims are denied. Insurers investigate claims more thoroughly but cannot arbitrarily reject them.
Myth: Contestability only applies to new policies.
Reality: Contestability applies if the claim occurs within the first two years of the policy’s effective date, even for reinstated policies.
Myth: There’s no recourse if a claim is denied.
Reality: Beneficiaries, with the assistance of a lawyer, can challenge denials through evidence, negotiation, or legal action.

How Can Aaron Waxman and Associates, P.C. Help?

Aaron Waxman and Associates, P.C. provides invaluable support for those facing denied life insurance claims, including claims denied during the contestability period. Our team thoroughly examines your policy and the insurer’s reasons for denial to determine the best course of action.

We gather the necessary evidence to strengthen your case and advocate on your behalf to resolve disputes. If litigation is required, we’ll represent you in legal proceedings to secure the payout you deserve.

Conclusion

Understanding the contestability period and your rights as a beneficiary is vital when facing a denied life insurance claim. While insurers have the right to investigate claims during this period, beneficiaries are not powerless. By seeking legal guidance, you can challenge unjust denials and secure the benefits owed to your family.

Don’t navigate this process alone. Contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca . for a free consultation to discuss your case and legal options.

When Employers Cross the Line: Recognizing Constructive Dismissal

devops@elitedigital.ca (Dev Ops) — Thu, 20 Mar 2025 13:00:00 GMT

Constructive dismissal is a legal term that many employees in Ontario may not be familiar with until they find themselves in a challenging work situation. Whether it's a sudden demotion, a toxic work environment, or drastic changes to your job responsibilities and/or pay, understanding constructive dismissal is essential for protecting your rights. This blog will help you recognize the signs of constructive dismissal and outline the steps you can take to seek compensation with the help of an employment lawyer in Toronto.

What Is Constructive Dismissal?

Constructive dismissal occurs when an employer makes significant changes to an employee's job conditions without consent, effectively forcing the employee to resign. Under Ontario law, this resignation is considered involuntary because the employer's actions breached the terms of the employment contract.

Common examples include:

Demotion or Pay Cuts: If your employer reduces your salary or status without reason, it may qualify as constructive dismissal.
Toxic Work Environment: Persistent harassment, bullying, or an unsafe workplace can create conditions intolerable for employees.
Major Job Changes: Drastically altering your job duties, hours, or work location without agreement may breach your employment contract.

How to Recognize Constructive Dismissal

Recognizing constructive dismissal involves understanding your employment rights and assessing your situation against these key questions:

Were the Changes Fundamental? Minor changes are typically not grounds for constructive dismissal. The changes must significantly alter the essence of your job.
Did You Consent? Employers cannot impose major changes without your explicit agreement.
Was the Work Environment Unbearable? A workplace rife with harassment or systemic issues can justify your resignation.

If you're unsure, consulting with an employment lawyer in Toronto can help clarify whether your situation qualifies as constructive dismissal.

The Legal Process for Addressing Constructive Dismissal

Navigating a constructive dismissal claim involves several steps. Here's what to expect:

1. Document Everything

Keep detailed records of changes to your job, communication with your employer, and incidents in a toxic work environment.

2. Seek Legal Advice

An experienced employment lawyer in Toronto can evaluate your case, advise you on your rights, and outline your options for pursuing compensation.

3. Resignation

In many cases, employees must resign to pursue a constructive dismissal claim. However, timing is crucial, as waiting too long after a breach may signal acceptance of the changes.

4. Filing a Claim

Your lawyer will guide you through filing a wrongful dismissal claim in Ontario, which may include seeking damages for lost wages, emotional distress, and other losses.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we are well-versed in employment law and dedicated to protecting employees' rights across Ontario. If you believe you’ve been subjected to constructive dismissal, our team can assess your situation to determine if it meets the legal criteria for constructive dismissal. We will guide you through the resignation and claim process to minimize risks and negotiate with your employer or represent you in court to ensure fair compensation.

Our compassionate and professional approach ensures you have the support you need to navigate this challenging time.

Conclusion

Constructive dismissal is a serious matter that can impact your career, finances, and well-being. By understanding what constitutes constructive dismissal and taking prompt legal action, you can protect your rights and pursue the compensation you deserve.

If you’re facing significant changes at work or a toxic environment, contact us for a consultation at 416-661-4878 or awaxman@awaxmanlaw.ca . We’re here to help you stand up for your rights and secure a better future.

Denied Long-Term Disability Claims: How to Strengthen Your Case in Ontario

devops@elitedigital.ca (Dev Ops) — Tue, 18 Mar 2025 13:00:00 GMT

If you’ve had a long-term disability (LTD) claim denied in Ontario, it’s understandable to feel overwhelmed and uncertain about your next steps. However, a denial doesn’t have to be the end of the road. With the right approach, you can strengthen your case and overturn the decision effectively. In this blog, we’ll explore practical steps to address a denied LTD claim, including gathering evidence, understanding insurer objections, and leveraging legal representation to improve your chances of success.

Understanding Why Long-Term Disability Claims Are Denied

Insurance companies may deny LTD claims for several reasons. These include insufficient medical evidence to prove that your disability affects your ability to work, policy exclusions that do not cover certain conditions, missed deadlines for submitting forms, and insurer surveillance or misinterpretation of your activities, such as what is seen on social media or in public.

Knowing why your claim was denied is critical to building a robust legal strategy. Review your denial letter carefully—it will outline the insurer's reasons and guide you on your next steps.

Steps to Strengthen Your Long-Term Disability Claim

1. Collect Comprehensive Medical Evidence

Insurance companies heavily rely on medical documentation to approve claims. To strengthen your case, obtain detailed medical reports from your healthcare providers that explain how your condition limits your ability to work. Include opinions from specialists, as these assessments often carry more weight, and document your symptoms in a journal to show how your disability impacts your daily life and work capabilities. Hiring the right disability lawyer at the outset will improve your chances of success and will make the litigation process more expeditious.

2. Address Insurer Objections

If you have retained a lawyer well-versed in disability law, your lawyer will know how to respond directly to the reasons for denial outlined in your letter. If the insurer misunderstood your condition, your lawyer should provide additional medical evidence on your behalf. If the denial is based on a policy exclusion, your disability lawyer shall determine the best course of action to overcome the denied claim.

3. Meet Deadlines

Missing policy deadlines could result in losing your rights under the policy.

How a Disability Lawyer in Ontario Can Help

Legal representation can significantly improve your chances of a successful LTD claim. Disability lawyers understand the fine print of insurance policies and can identify areas where insurers may have acted unfairly. An experienced disability lawyer knows how to craft persuasive arguments and present evidence to counter insurer objections. Additionally, insurance companies are more likely to negotiate with legal professionals, and your lawyer can represent you in court if necessary.

Common Mistakes to Avoid

When challenging an LTD denial, avoid solely relying on correspondence from your insurer that outlines your rights as insurers may not provide clear or complete advice about your rights. Neglecting legal advice is another common mistake. Many claimants assume consulting a lawyer is unnecessary or too costly. However, the lawyers at Aaron Waxman and Associates, PC offer free consultations and only work on a contingency fee basis, meaning they only get paid if you get paid. Finally, ignoring your doctor’s recommendations can be both harmful to your recovery and undermine your disability claim.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we are well-versed in helping clients with their denied long-term disability claims. Our team understands the challenges you face and is dedicated to guiding you through the process. We can evaluate your case and provide tailored legal advice, help you gather compelling medical evidence, and represent you in negotiations or legal proceedings.

Remember, there are no upfront legal fees when you work with us. We’re here to help you get the benefits you deserve.

Conclusion

Facing a denied LTD claim can feel like an uphill battle, but you don’t have to go through it alone. With the right strategy and support, you can build a strong case and improve your chances of a favorable outcome.

If you’re struggling with a denied long-term disability claim in Ontario, contact Aaron Waxman and Associates, P.C. today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation. Let us help you fight for the benefits you need.

The Impact of Winter Weather on Slip and Fall Cases

devops@elitedigital.ca (Dev Ops) — Thu, 13 Mar 2025 13:00:00 GMT

Winter in Ontario brings snow-covered streets and icy sidewalks, creating conditions that could lead to unfortunate slip and fall accidents. For many, what begins as a routine outing can quickly turn into a painful experience. These accidents often lead to questions about liability and whether you can pursue a case for compensation. Understanding how winter weather impacts slip and fall lawsuits is essential for navigating the complexities of these claims.

How Winter Weather Affects Slip and Fall Lawsuits

Ontario winters introduce specific challenges to slip and fall liability cases. Property owners are legally obligated to take reasonable steps to prevent accidents, but winter conditions can make it harder to determine negligence. Ice, snow, and rapidly changing weather conditions can create hazardous environments, and proving fault requires careful documentation and legal expertise.

Common Winter Hazards Leading to Slip and Fall Claims

Winter weather increases the likelihood of slip and fall accidents due to several hazards, such as icy sidewalks and driveways, uncleared snow, poor drainage that causes refreezing, as well as slippery and wet floors from snow being tracked indoors. These conditions highlight the importance of property maintenance during winter months.

Proving Negligence in Winter Slip and Fall Cases

To succeed in a slip and fall lawsuit, you must demonstrate that the property owner was negligent. Winter conditions add layers of complexity, but proving negligence involves the following steps:

Duty of Care: Property owners must maintain their premises in a reasonably safe condition.
Breach of Duty: Failing to remove ice or snow within a reasonable time or ignoring recurring hazards could demonstrate negligence.
Causation: You must show the hazardous condition directly caused your injury.
 Damages: Document medical bills, lost wages, and other expenses resulting from your injury.

Tips for Strengthening Your Slip and Fall Case

If you’ve been injured in a winter slip and fall accident, there are steps you can take to improve your chances of success. Document the scene with photographs of the hazard, such as ice patches or uncleared snow. Report the incident immediately to the property owner or manager and obtain a written incident report. Seek medical attention promptly to document your injuries, and consult experienced lawyers for slip and fall accidents to guide you through the legal process.

Challenges Unique to Winter Slip and Fall Lawsuits

Winter slip and fall cases face unique hurdles, including weather records that property owners may use to argue that ice formed suddenly and couldn’t be reasonably removed. Courts may also consider whether you wore appropriate footwear or were cautious in icy conditions, a concept known as comparative negligence. Additionally, reviewing maintenance logs for snow removal and salting can be crucial in proving negligence.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we understand the complexities of slip and fall lawsuits, especially during Ontario’s harsh winters. Our team provides compassionate, experienced legal representation, helping clients gather evidence, negotiate with insurers, and build strong cases for compensation. We know how to navigate the unique challenges posed by winter weather and ensure your rights are protected.

Conclusion

Winter slip and fall cases require a clear understanding of liability laws and diligent evidence collection. By acting promptly and consulting knowledgeable lawyers for slip and fall accidents, you can pursue the compensation you deserve. Ontario winters may be unpredictable, but your legal representation doesn’t have to be.

If you’ve been injured in a slip and fall accident, don’t wait. Contact Aaron Waxman and Associates, P.C. today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation. Remember, if you don’t know your rights, you don’t have them.

Car Accident Settlements: Common Mistakes to Avoid

devops@elitedigital.ca (Dev Ops) — Tue, 11 Mar 2025 13:00:00 GMT

Car accidents are not just physically and emotionally taxing—they often bring legal and financial challenges that can be overwhelming. If you’re negotiating a settlement, it’s crucial to approach the process with caution. Mistakes made during settlement negotiations can lead to undervaluation of your claim and significantly lower compensation than you deserve.

In this blog, we’ll explore common errors people make when settling car accident claims. If you’re navigating this process, consulting experienced car accident lawyers can make all the difference in ensuring fair compensation.

1. Accepting the First Settlement Offer

Insurance companies often present a low initial offer to resolve claims quickly and save money. While it might seem tempting to accept an offer early, these offers rarely cover the full extent of damages, such as ongoing medical expenses, lost income, or emotional distress. Agreeing too soon could leave you without adequate compensation for long-term needs.

2. Failing to Document Evidence

Strong evidence is critical for a successful car accident claim. Missing documentation, such as photos of the scene, medical records, or witness statements, can weaken your case. Without sufficient evidence, proving liability and the full extent of your damages becomes significantly harder, reducing your chances of receiving fair compensation.

3. Undervaluing Non-Economic Damages

Non-economic damages like pain, suffering, and emotional distress are often overlooked in settlement negotiations. These losses, while harder to quantify, can significantly affect your quality of life. Failing to account for these damages often results in settlements that don’t reflect the true impact of the accident on your well-being.

4. Ignoring Long-Term Consequences

Some injuries, like whiplash or traumatic brain injuries, may not show symptoms immediately but could require extensive future treatment. Settling your claim before fully understanding the long-term effects of your injuries might leave you without resources for ongoing care or rehabilitation, creating financial strain.

5. Representing Yourself in Negotiations

Insurance adjusters are skilled at minimizing payouts, and without legal representation, you may not recognize tactics used to undervalue your claim. Negotiating on your own could result in a settlement that doesn’t account for all damages, leaving you with less than you’re entitled to under the law.

6. Overlooking Statutory Deadlines

Missing important deadlines, such as the two-year limitation period for filing a car accident claim in Ontario, can bar you from pursuing compensation. Even minor delays in notifying your insurer or submitting documents could negatively impact your case, emphasizing the importance of acting promptly.

7. Miscommunicating with Insurance Companies

Insurance companies scrutinize everything you say during the claims process. Inaccurate or casual statements could be misinterpreted to minimize your claim or assign blame. Communicating without careful consideration can harm your case and lead to reduced compensation.

How Can Aaron Waxman and Associates, P.C. Help?

Navigating the complexities of car accident settlements can be daunting, but you don’t have to do it alone. The lawyers at Aaron Waxman and Associates, P.C. are well-versed in car accident law and committed to helping clients secure fair compensation. Our team can evaluate the true value of your claim, handle all negotiations with insurance companies, ensure deadlines are met and documentation is complete, and provide guidance on medical and financial recovery.

Conclusion

Securing a fair settlement after a car accident requires careful planning, proper documentation, and proper legal guidance. By avoiding common mistakes like accepting lowball offers or failing to understand the full extent of your damages, you can protect your rights and financial future.

If you’ve been involved in a car accident and need support, contact Aaron Waxman and Associates, P.C. today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation. Let us help you achieve the compensation you deserve.

Workplace Layoffs in Ontario: What Employees Need to Know About Severance Packages

devops@elitedigital.ca (Dev Ops) — Thu, 06 Mar 2025 14:00:00 GMT

When layoffs occur, employees in Ontario often face uncertainty about their rights and entitlements, particularly concerning severance packages. Understanding the basics of severance pay, how it's calculated, and what legal steps to take if your employer falls short of their obligations can empower you to make informed decisions during this challenging time.

What Is Severance Pay and Who Is Entitled to It?

In Ontario, severance pay is compensation provided to employees who lose their job through no fault of their own, such as during workplace layoffs. Severance pay differs from termination pay, as it accounts for an employee's length of service and contributions to the company.

To qualify for severance pay under Ontario's Employment Standards Act (ESA), the following conditions must typically be met:

The employee has worked for the employer for at least five years.
The employer has an annual payroll of at least $2.5 million.
The termination involved a mass layoff or the closure of a business.

Even if an employee does not meet ESA requirements, they may still be entitled to severance (also known as termination pay) under their employment contract or at common law.

Factors Affecting Severance Package Calculations

Several factors influence the amount of severance pay you may be entitled to in Ontario:

Length of Service: The longer you’ve been with your employer, the higher your severance or termination pay entitlement.
Age: Older employees may receive higher severance or termination pay to account for greater challenges in finding new employment.
Role and Responsibilities: Senior-level employees or those with specialized skills may be entitled to larger severance or termination packages.
Employment Contract Terms: Your contract may specify severance/termination pay entitlements that exceed the ESA minimum requirements.
 Circumstances of Layoff: If your layoff appears to breach employment laws, it could be deemed a wrongful dismissal, affecting severance/termination pay entitlements.

Steps to Take If Your Severance/Termination Package Is Insufficient

If you suspect your severance/termination package is unfair or below the legal minimum:

Consult an Employment Lawyer
A legal professional can review your severance/termination offer and determine whether it aligns with Ontario employment law. Searching for terms like "employment lawyer Toronto" can help connect you with experienced counsel.
Request a Written Breakdown
Ask your employer for a clear, written explanation of how your severance/termination pay was calculated. This documentation is crucial for legal evaluations.
Negotiate or File a Claim
If negotiations with your employer fail, you may need to escalate the matter. This could involve filing a claim with the Ministry of Labour or pursuing legal action.

Wrongful Dismissal and Severance Packages in Ontario

A wrongful dismissal occurs when an employer fails to provide adequate notice or severance/termination pay as required by law. Common indicators of wrongful dismissal include an insufficient notice period or compensation, an employer claiming layoffs without valid cause, or lack of adherence to contractual obligations.

If you suspect wrongful dismissal, acting quickly is essential. Employment law in Ontario places specific time limits on filing claims or lawsuits.

How Can Aaron Waxman and Associates, P.C. Help?

Navigating severance/termination pay disputes or wrongful dismissal claims can be overwhelming, but you don’t have to face it alone. Aaron Waxman and Associates, P.C. provides extensive services in employment law, ensuring employees in Ontario understand their rights and options.

Our team can:

Review severance/termination package offers to ensure they meet legal standards.
Assist with negotiations to maximize severance/termination pay entitlements.
Represent you in wrongful dismissal claims if your employer has violated your rights.

Conclusion

Understanding your severance/termination pay entitlements and legal rights is vital when faced with a layoff in Ontario. Whether you’re negotiating severance/termination pay, considering a wrongful dismissal claim, or simply seeking advice, having knowledgeable legal support is key.

If you’re searching for an employment lawyer in Toronto, Aaron Waxman and Associates, P.C. is ready to assist. Contact us today at 416-661-4878 or awaxman@awaxmanlaw.ca to get the answers and advocacy you deserve.

Understanding the Legal Process for Ontario Life Insurance Denials

devops@elitedigital.ca (Dev Ops) — Tue, 04 Mar 2025 14:00:01 GMT

When faced with the denial of a life insurance claim, it can feel overwhelming and unfair, especially during an already difficult time. Understanding your rights and the legal steps to challenge a denied life insurance claim in Ontario is crucial. This guide will break down the process, helping you navigate your options and understand when seeking the help of a life insurance lawyer may be necessary.

Why Life Insurance Claims Are Denied

Insurance companies deny claims for various reasons, including policy lapse due to non-payment of premiums, allegations of material misrepresentation during the application process, claims related to causes of death explicitly excluded in the policy, scrutiny during the contestability period, or incomplete documentation required for processing the claim.

Steps to Challenge a Denied Life Insurance Claim

1. Review the Denial Letter

The denial letter from the insurance company outlines the reasons for rejection. Carefully review this document and cross-check it with your policy to understand if the denial aligns with the terms and conditions.

2. Gather Supporting Documentation

To strengthen your case, collect all relevant documentation, such as the insurance policy, medical records of the deceased, proof of premium payments, and communication records with the insurer and reach out to the lawyers at Aaron Waxman and Associates P.C. to assist you in obtaining the compensation that you were to receive under the policy.

When Should You Hire a Life Insurance Lawyer?

Seeking the help of a life insurance lawyer is advisable when you become aware that the life insurer has denied the claim.

The lawyers at Aaron Waxman and Associates P.C. can provide guidance, negotiate with the insurer, and represent you in court if necessary, ensuring that your case is presented with the strongest possible argument.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we understand the emotional and financial toll a denied life insurance claim can have on you and your family. Our team is well-versed in handling life insurance disputes and provides:

Comprehensive Case Assessment: We’ll evaluate your claim and determine the best course of action.
Expert Negotiation: We communicate with insurance companies on your behalf to resolve disputes efficiently.
Litigation Support: If legal action is necessary, we will represent your interests to fight for the benefits you are entitled to.

We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

Challenging a denied life insurance claim can be a daunting task, but understanding the process and your legal options can empower you to seek the benefits you deserve. Having a trusted legal advocate by your side makes all the difference.

If your life insurance claim has been denied, contact Aaron Waxman and Associates, P.C. today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation. We’re here to help you fight for the benefits you’re entitled to.

Slip and Fall Accidents on Private Property: What Are Your Rights in Ontario?

devops@elitedigital.ca (Dev Ops) — Fri, 28 Feb 2025 14:00:00 GMT

Slip and fall accidents are among the most common causes of personal injury, often leading to significant physical, emotional, and financial challenges. When these accidents occur on private property in Ontario, understanding your rights is crucial to securing the compensation you deserve. This post delves into the responsibilities of property owners, the steps you should take after an injury, and how liability is determined under Ontario law.

Understanding Property Owners' Responsibilities

In Ontario, private property owners have a legal duty of care under the Occupiers’ Liability Act. This law requires property owners and occupiers to ensure their premises are reasonably safe for visitors. Property owners are expected to conduct regular inspections of their property, make timely repairs to address potential risks, and provide clear warnings for temporary dangers such as spills or ongoing construction. Failure to meet these obligations can make a property owner liable for injuries sustained on their property.

Steps to Take After a Slip and Fall Accident

If you experience a slip and fall accident on private property, acting promptly can strengthen your claim:

Seek Medical Attention: Prioritize your health by visiting a doctor or hospital. Medical records will also serve as critical evidence.
Document the Scene: Take photos or videos of the accident site, including any visible hazards such as ice, water, or debris.
Report the Incident: Notify the property owner or occupier immediately and obtain a written report if possible.
Gather Witness Information: Collect contact details from anyone who saw the accident occur.
Keep Records: Maintain all relevant documentation, including medical bills, injury reports, and correspondence with the property owner or insurer.
Consult a Lawyer: Contact a lawyer for slip and fall accidents to discuss your case and understand your legal options.

Determining Liability in Ontario

Establishing liability in a slip and fall lawsuit requires proving that a hazard existed, the property owner was negligent in addressing it, the hazard directly caused your injury, and you suffered damages as a result. Ontario law also considers contributory negligence. If you were partially responsible for the accident, such as not paying attention or wearing inappropriate footwear, your compensation may be reduced proportionally.

How Can Aaron Waxman and Associates, P.C. Help?

If you’ve been injured in a slip and fall accident, navigating the legal process can be overwhelming. Aaron Waxman and Associates, P.C. provides comprehensive legal support to help you evaluate your claim, gather evidence, negotiate with insurers, and represent you in court if necessary. Our team is well-versed in Ontario’s slip and fall laws and understands the challenges you face. We are here to guide you every step of the way.

Conclusion

Slip and fall accidents can have serious consequences, affecting your physical health, emotional well-being, and financial stability. Understanding your rights and the responsibilities of property owners under Ontario law is the first step toward seeking justice and fair compensation. By acting quickly, gathering evidence, and seeking legal guidance, you can protect your rights and hold negligent parties accountable.

No one should have to face these challenges alone. With the right support and representation, you can focus on your recovery while trusted professionals handle your claim.

If you’ve been injured in a slip and fall accident on private property, don’t wait to protect your rights. Contact Aaron Waxman and Associates, P.C. today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation. Remember, there are no fees until your case is settled.

Denied Disability Claims: When Should You Consider Legal Action?

devops@elitedigital.ca (Dev Ops) — Wed, 26 Feb 2025 14:00:00 GMT

If your claim for long-term disability in Ontario has been denied, you’re not alone. Many individuals face the frustrating experience of having their claims rejected despite legitimate medical conditions. Understanding the reasons behind denials,, and when legal action is necessary can make all the difference in securing the benefits you deserve. This blog will guide you through these steps and highlight how seeking legal support can strengthen your case.

Common Reasons for Disability Claim Denials

Insurance companies often deny claims for long-term disability in Ontario for various reasons. These can include insufficient medical evidence, where there is a lack of detailed medical records or doctor’s reports supporting your disability. Policy exclusions or limitations may also play a role, as some policies exclude certain conditions or impose time limits on coverage. Failing to comply with prescribed treatment plans is another common reason for denials, as insurers may argue that you haven’t done enough to improve your condition. Additionally, missed deadlines for filing claims can disqualify you, as can disputes over whether your condition meets the insurer’s definition of "disability."

Understanding why your claim was denied is the first step in determining your next move.

When to Consider Legal Action for Denied Disability Claims

Sometimes, despite your best efforts, the initial application for disability doesn’t result in approval. It might be time to take legal action if you encounter unfair denial tactics, such as dismissing valid evidence or acting in bad faith. A lack of communication from the insurance company, including repeated delays or failure to provide clear answers, can also be a red flag. If the policy language is complex or unclear, making it difficult to understand your rights and obligations, legal expertise may be required. Additionally, if your inability to work has caused significant financial strain, legal intervention may be necessary to secure your benefits.

How Can The Lawyers at Aaron Waxman and Associates P.C. Strengthen Your Disability Claim

The experienced disability lawyers at Aaron Waxman and Associates P.C. can strengthen your claim by evaluating your case to determine its strengths and weaknesses and by gathering comprehensive evidence, ensuring all medical, vocational, and financial documentation is included. Our lawyers can handle correspondence with the insurer to prevent missteps or misinterpretations and negotiate settlements to seek a resolution without prolonged litigation if possible.

How Can Aaron Waxman and Associates, P.C. Help?

Navigating the complexities of denied disability claims can be overwhelming, but you don’t have to face it alone. The lawyers at Aaron Waxman and Associates, P.C. are well-versed in handling disability claims in Ontario, including both long-term and short-term disability disputes. Our team is dedicated to ensuring that your rights are protected and your voice is heard.

We provide personalized case evaluations to determine the best course of action and step-by-step guidance.

Conclusion

Dealing with a denied claim for long-term disability in Ontario can be disheartening, but understanding your rights and the steps available to challenge the decision is key. Having the right support makes all the difference;. With the assistance of the lawyers at Aaron Waxman and Associates P.C., you can navigate this challenging process with confidence.

Contact us today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation and take the first step toward securing the benefits you deserve.

Employer Responsibilities in Ontario: Preventing Workplace Discrimination

devops@elitedigital.ca (Dev Ops) — Mon, 24 Feb 2025 14:00:00 GMT

Workplace discrimination is not just unethical—it’s also against the law in Ontario. Employers play a critical role in fostering inclusive environments where employees feel safe, respected, and valued. In this blog, we’ll explore the legal obligations of employers in Ontario to prevent workplace discrimination, including implementing anti-discrimination policies, conducting employee training, handling complaints effectively, and creating a supportive workplace culture. For those facing workplace discrimination or related concerns, connecting with an employment lawyer in Toronto can provide vital support and guidance.

Legal Framework: Anti-Discrimination Laws in Ontario

The Ontario Human Rights Code (OHRC) serves as the foundation for protecting employees from discrimination based on race, gender, age, disability, religion, and more. Employers are legally obligated to ensure their workplaces comply with this code and take proactive measures to prevent discriminatory practices.

Key Employer Responsibilities

Developing and Implementing Anti-Discrimination Policies

A clear anti-discrimination policy is essential for any workplace. These policies should define unacceptable behaviors and practices, provide examples of discrimination and harassment, and outline the process for reporting and resolving complaints. Employers must ensure these policies are accessible to all employees and periodically review and update them to remain compliant with evolving laws and societal expectations.

Providing Comprehensive Employee Training

Education is a powerful tool in combating workplace discrimination. Employers should conduct regular training sessions, and educate employees and managers about their rights and responsibilities under the OHRC, and offer scenario-based training to help employees recognize and address discrimination. Proper training not only prevents discrimination but also empowers employees to contribute to a more inclusive workplace.

Handling Complaints Effectively

When employees raise concerns about discrimination, employers must handle them promptly and effectively. Key steps include establishing a confidential and unbiased complaint resolution process, conducting thorough investigations with sensitivity and fairness, and taking corrective action, such as discipline or training, when necessary. Failing to address complaints can lead to legal consequences if the situation results in a hostile work environment.

Fostering a Safe and Inclusive Workplace

Employers must actively create a workplace culture that values diversity and inclusion. This involves encouraging open communication and feedback. Such efforts help prevent discrimination and improve employee satisfaction and retention.

The Consequences of Failing to Prevent Workplace Discrimination

Employers who neglect their responsibilities may face complaints filed with the Human Rights Tribunal of Ontario (HRTO), reputational damage, and financial penalties. Furthermore, employees who feel targeted by discrimination may also pursue claims of wrongful dismissal if their employment ends under discriminatory circumstances.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we understand the complexities of employment law and the challenges employees face when dealing with workplace discrimination. Whether you’re navigating a hostile work environment or have been wrongfully dismissed, our experienced employment lawyers in Toronto are here to help. We can review your situation to determine if your rights have been violated, assist you in filing complaints with the HRTO, and represent you in pursuing legal action if necessary.

Conclusion

Preventing workplace discrimination is not only a legal obligation for employers in Ontario but also a crucial step toward creating a positive and productive work environment. By implementing robust policies, addressing complaints effectively, and fostering inclusivity, employers can protect their workforce and their business. If you’re facing workplace discrimination, reach out to the lawyers at Aaron Waxman and Associates P.C. to explore your options and safeguard your future.

Contact us today at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation and let us provide the guidance you need to protect your rights.

How Fault Is Determined in Ontario Car Accident Cases

Thu, 20 Feb 2025 14:00:00 GMT

In Ontario, car accidents are unfortunately common, and determining who is at fault can be a complex process. Fault not only impacts how insurance claims are processed but also influences the compensation you may receive for injuries or property damage. This blog will explore the key factors involved in determining fault in Ontario car accidents and the implications of the province's "no-fault" insurance system.

Understanding Fault in Ontario Car Accidents

Fault in car accidents refers to the responsibility assigned to one or more drivers for causing the collision. Establishing fault is crucial for insurance claims and potential legal action. In Ontario, fault determination follows specific rules outlined by the Insurance Act and the Fault Determination Rules, which provide clear guidelines on assessing liability based on various accident scenarios.

Key Factors Used to Determine Fault

1. Police Reports

Police officers who respond to an accident often provide an impartial account of the incident. Their reports include crucial details such as descriptions of road and weather conditions, observations of vehicle damage and final positions, and statements from drivers and witnesses. A police report can serve as vital evidence when determining fault, as it includes an unbiased perspective on what may have caused the collision.

2. Witness Statements

Eyewitnesses can provide objective accounts of the events leading up to the accident. Witness statements help clarify details that might be contested, such as whether a driver ran a red light or failed to yield. These testimonies can be valuable for insurance adjusters and lawyers when piecing together what happened.

3. Insurance Adjuster Investigations

Insurance companies play a significant role in determining fault. Adjusters assess accident evidence, including photographs of the scene, dashcam or surveillance footage, and damage reports. Their findings are used to assign fault percentages, which influence the compensation a driver may receive for damages.

The Impact of Ontario’s "No-Fault" Insurance System

Ontario operates under a "no-fault" insurance system, which can be confusing for accident victims. Despite the term, "no-fault" does not mean that no one is held accountable for causing the accident. Instead, it means that each driver’s insurance covers their own medical expenses and loss of income, regardless of who caused the crash. Fault still plays a role in determining liability for property damage and certain benefits.

For example, if your car is damaged in an accident, the degree of fault assigned to each driver affects whether you are compensated under your own policy or whether you can seek additional damages from the other party.

Common Misconceptions About Fault and Liability

Myth 1: You Can’t Sue Under a No-Fault System

While the no-fault system simplifies some aspects of compensation, it does not prevent you from suing a negligent driver for serious injuries or pain and suffering.

Myth 2: Fault is Always Split Evenly

Fault is rarely shared equally. Even in cases of partial liability, one driver is often more at fault than the other. The Fault Determination Rules help assign clear percentages of responsibility.

How a Car Accident Lawyer Can Help

Navigating the complexities of fault determination and Ontario’s no-fault system can be overwhelming, especially when dealing with injuries or financial stress. A car accident lawyer can provide expert guidance on the Fault Determination Rules, representation in disputes with insurance companies, and assistance in pursuing additional claims for serious injuries or losses.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we understand the challenges car accident victims face when trying to navigate the legal and insurance processes. Our team provides comprehensive support in understanding your rights under Ontario’s car accident laws, helps with gathering evidence such as police reports and witness statements, and offers representation to ensure fair fault assessments and maximize your compensation.

If you’ve been involved in a car accident and need legal assistance, don’t hesitate to reach out. We’re here to make sure you don’t have to face the process alone.

Conclusion

Determining fault in an Ontario car accident can significantly impact your claim and potential compensation. Understanding how police reports, witness statements, and insurance adjusters influence fault—and how Ontario’s no-fault system works—is essential for protecting your rights.

If you’re dealing with a car accident claim and need experienced legal help, contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca .

Mental Health and Disability Claims: What You Need to Know in Ontario

devops@elitedigital.ca (Dev Ops) — Thu, 02 Jan 2025 14:00:00 GMT

Mental health issues can significantly affect daily functioning, often leading to difficulties in maintaining employment. In Ontario, if a mental health condition prevents you from working, you may be eligible for long term disability (LTD) benefits. However, proving a mental health-related disability can be challenging. This article will cover the essentials of making a mental health disability claim in Ontario, the documentation required, and how to handle common issues like claim denials.

Understanding Long Term Disability for Mental Health Conditions

Long term disability benefits are designed to provide financial support if you are unable to work due to a health condition. For many, mental health conditions like depression, anxiety, PTSD, or bipolar disorder can be just as disabling as physical illnesses. In Ontario, mental health can indeed be grounds for an LTD claim, but demonstrating the severity of your condition can be more difficult than with physical injuries.

Challenges in Proving Mental Health-Related Disability

Mental health disabilities are often more difficult to prove because they rely on subjective symptoms rather than objective evidence. Unlike physical conditions, mental health issues often depend on reports of symptoms such as fatigue, feelings of hopelessness, or difficulty concentrating, which can be harder for insurers to quantify. There are no tests that definitively demonstrate the existence of a mental health diagnosis the way imaging can reveal a broken bone, so claims must rely on clinical evaluations and patient self-reports.

These factors make it essential to provide the right documentation to support your claim.

Essential Documentation for Mental Health Disability Claims

To improve the chances of having your mental health disability claim approved, you need comprehensive documentation:

Medical Records : Regular treatment notes from your healthcare providers, showing consistent care and tracking of your condition over time, are essential.
Specialist Reports : Detailed assessments from psychiatrists, psychologists, or other mental health professionals should outline your diagnosis, symptoms, and how these symptoms impact your daily life.
Treatment Plans : Documentation of the treatments you’ve tried, such as medication or therapy, and their effectiveness or any difficulties experienced in following these treatments can help illustrate the ongoing nature of your disability.
Employer's Statements : Statements from your employer or colleagues can be valuable in demonstrating how your condition has impacted your ability to perform work-related tasks.
Personal Journals or Logs : Maintaining a record of your symptoms and how they affect your day-to-day life can support your case by providing a detailed history of your disability.

Common Reasons Why Insurers Deny Mental Health Disability Claims

Despite providing documentation, mental health disability claims may be denied for several reasons. One common reason is insufficient medical evidence; insurers may assert that the documentation does not adequately demonstrate the severity of the condition or its impact on your ability to work. Non-compliance with prescribed treatments is another issue; if you have not followed all recommended treatments, insurers may use this as a basis for denying your claim, asserting that you are not taking necessary steps to improve your condition.

Pre-existing condition clauses can also be a factor, where policies may contain exclusions for conditions that existed before the insurance policy took effect. Additionally, insurers often cite a lack of objective evidence, claiming that because mental health conditions do not show up on traditional diagnostic tests, there isn’t enough proof to support your disability.

What to Do If Your Claim Is Denied

If your long term disability claim for a mental health condition is denied, there are several steps you can take to appeal the decision:

Understand the Reason for Denial: Carefully review the denial letter to understand the insurer's specific reasons for rejecting your claim.
Seek Legal Advice: Consulting a disability lawyer in Ontario can provide guidance on your legal rights and the best approach for appealing a denial.

How Can Aaron Waxman and Associates, P.C. Help?

If your long term disability claim for a mental health condition has been denied, the lawyers at Aaron Waxman and Associates, P.C. can provide the legal support you need. Our team of disability lawyers in Ontario is well-versed in handling cases involving mental health-related claims. We understand the challenges of proving a disability claim and can help you gather the right evidence to strengthen your case.

We offer personalized advice and support throughout the appeals process, helping you navigate the complexities of the insurance system and fight for the benefits you deserve. Contact us today at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca for a free consultation and let us help you understand your rights and options.

Understanding Wrongful Dismissal: What Ontario Employees Need to Know

devops@elitedigital.ca (Dev Ops) — Mon, 30 Dec 2024 14:00:00 GMT

Wrongful dismissal can be a confusing and stressful experience for employees in Ontario. When faced with an unexpected termination, understanding your rights and the legal definitions surrounding wrongful dismissal can be crucial. This blog aims to clarify what constitutes wrongful dismissal in Ontario, debunk common misconceptions, outline the steps you should take, and explore possible compensation options.

What is Wrongful Dismissal in Ontario?

In Ontario, wrongful dismissal occurs when an employer terminates an employee without providing reasonable notice or adequate compensation in lieu of notice, as required by law. This doesn’t necessarily mean that the termination was unfair or lacked cause; rather, it concerns whether the employer fulfilled their legal obligations regarding notice or severance pay.

Legal Rights for Wrongfully Dismissed Employees

If you believe you have been wrongfully dismissed, understanding your legal rights is essential. In Ontario, employees are entitled to reasonable notice, which must account for factors such as the length of employment, the employee's age, position, and the availability of similar employment. Additionally, longer-term employees may be eligible for severance pay, as specified under Ontario’s Employment Standards Act (ESA), which comes in addition to termination pay. Employees should also be treated fairly during the termination process, with no harassment or discrimination, and in compliance with the Human Rights Code.

Common Misconceptions About Wrongful Dismissal

There are many myths surrounding wrongful dismissal that can mislead employees. Some common misconceptions include the belief that any termination that seems unjust qualifies as wrongful dismissal. The primary factor, however, is whether the employer provided sufficient notice or compensation. Another misconception is that probationary employees have no rights; in reality, they still have certain protections regarding notice. There is also a common assumption that severance packages are always generous, but they often start lower than what an employee may legally be entitled to. Seeking advice from an employment lawyer in Toronto can help ensure fair compensation.

Steps to Take if You Believe You’ve Been Wrongfully Dismissed

Review Your Employment Contract: Check the terms regarding termination, severance, and notice periods, as these could affect your potential claim. the denial letter to understand the insurer's specific reasons for rejecting your claim.
Document the Termination: Keep detailed records of the termination process, including any correspondence, severance offers, and reasons provided for your dismissal.
Consult an Employment Lawyer in Toronto: A legal professional can evaluate your situation and determine whether you have a strong case for wrongful dismissal. They can also negotiate on your behalf to secure fair compensation.
Consider Your Options for Compensation: If wrongful dismissal is established, compensation may include payment for lost wages, severance, or even damages for bad faith conduct.

Potential Compensation for Wrongful Dismissal

The compensation you may be entitled to will depend on various factors. Longer employment often justifies more notice or severance. Older employees or those in senior roles may receive higher compensation due to the increased difficulty in finding similar employment. Additionally, if an employer acted in bad faith or handled the termination unprofessionally, additional damages may be awarded.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we are well-versed in employment law and understand the intricacies of wrongful dismissal cases in Ontario . Our dedicated legal team provides personalized support to ensure that your rights are protected throughout the process. We can help evaluate your case, advocate on your behalf to secure a fair settlement, and represent you in court if necessary.

Conclusion and Contact Information

Wrongful dismissal is a significant legal issue that affects many employees in Ontario. Understanding your rights and the legal steps available can make a substantial difference in the outcome of your case. Whether you're reviewing a severance package or need help taking legal action, consulting an experienced employment lawyer in Toronto can provide the support and guidance you need. Contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca today for a free consultation and find out how we can assist you in navigating your employment law concerns.

Protecting Your Rights After a Car Accident in Ontario

devops@elitedigital.ca (Dev Ops) — Fri, 27 Dec 2024 14:00:00 GMT

Car accidents can be overwhelming and stressful, especially when they result in injuries and financial loss. It’s crucial to know the right steps to take immediately following an accident to protect your legal rights. In Ontario, certain actions will help you navigate the car accident law and insurance processes effectively. This guide outlines what to do after a car accident and explains the importance of contacting a lawyer, particularly when injuries or disputes arise.

What to Do Immediately After a Car Accident

The first priority following a car accident is safety. Move to a safe location if possible, away from oncoming traffic, and activate your hazard lights. If anyone is injured, call 911 immediately to get medical assistance. Even if injuries aren’t immediately apparent, seeking medical attention is wise, as some injuries may take time to develop.

In Ontario, you must report the accident to the police if there are injuries, fatalities, or if the property damage exceeds $2,000. Failing to do so can result in fines and may complicate your insurance claim. If the police come to the scene, they will file an official report. If they do not attend, you can report the incident at a collision reporting center.

At the scene, collecting evidence is essential for protecting your legal rights. This means taking photos of the vehicle damage, road conditions, and any visible injuries. You should also exchange information with the other driver(s), including names, contact details, driver's license numbers, insurance information, and vehicle license plate numbers. If there are witnesses, try to get their contact information as well.

After the accident, even if you feel fine, it's important to visit a healthcare provider for a thorough examination. Injuries such as whiplash or concussions may not show symptoms immediately but could lead to serious complications if untreated. Keep detailed records of any medical treatment you receive, including diagnoses, treatments, and associated costs.

Dealing with Insurance Companies

After the accident, contact your insurance company as soon as possible to report the incident. Provide them with all necessary details, including the police report if one was filed. This step helps to avoid delays in processing your claim.

It’s important to understand your insurance policy, including coverage limits, deductibles, and benefits for medical expenses or income replacement. While your policy may cover certain expenses, being aware of its limitations and exclusions will help you set realistic expectations and plan your next steps accordingly.

The Importance of Contacting a Car Accident Lawyer

Navigating car accident law in Ontario can be challenging, particularly when dealing with insurance companies or if injuries are involved. A lawyer can help you understand your rights and advise you on the compensation you may be entitled to for medical expenses, lost wages and/or income replacement benefits, or pain and suffering. This legal guidance becomes crucial if the insurance company disputes liability or if the at-fault driver’s insurance coverage is insufficient. Your lawyer should also be able to explain to you accident benefits and assist you in preparing and submitting an application to your own insurance company as these benefits are very time sensitive.

A car accident lawyer can also assist in maximizing the compensation you receive for your injuries. They can negotiate with insurance companies on your behalf, challenge low settlement offers, and gather additional evidence, such as expert medical reports, to strengthen your case. If a fair settlement cannot be reached, they can take legal action to pursue your claim.

Additionally, if disputes arise over the amount of compensation or the determination of fault, a lawyer can advocate for your interests through negotiation or litigation. This support is vital to ensure your rights are protected and that you receive the compensation you deserve.

How Can Aaron Waxman and Associates, P.C. Help?

The lawyers at Aaron Waxman and Associates, P.C. understand the legal and emotional challenges resulting from a car accident in Ontario. Our experienced car accident lawyers can guide you through each step, from reporting the incident to filing a claim, and dealing with the insurance company on your behalf. We can help gather evidence to strengthen your case, including medical reports and advocate for your rights throughout the process.

You don’t have to go through this process alone. Contact Aaron Waxman and Associates, P.C. for a free consultation today, and let us help you protect your legal rights and seek fair compensation. Contact us at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca for legal assistance.

Winter Safety Tips: Avoiding Slip and Fall Injuries as Temperatures Drop

devops@elitedigital.ca (Dev Ops) — Fri, 20 Dec 2024 14:00:00 GMT

As temperatures drop and snow begins to blanket sidewalks and driveways, the risk of slip and fall injuries rises significantly. Winter conditions, including ice, snow, and slush, create hazardous environments that can lead to severe injuries. While slip and fall accidents can happen to anyone, they are often preventable with the right precautions. In this post, we will provide essential winter safety tips to help you avoid slip and fall injuries and explain what steps to take if you are injured on public or private property due to winter hazards.

Why Are Slip and Fall Injuries More Common in Winter?

The winter months bring specific challenges that increase the risk of slip and fall incidents. Snow and ice can accumulate on sidewalks, driveways, and parking lots, creating slippery surfaces. Even when temperatures rise enough to melt the ice, refreezing at night can make surfaces slick and unpredictable. Additionally, snow may cover hazards like potholes or uneven pavement, further increasing the risk of a fall. Understanding these risks allows us to adopt practical strategies for preventing falls.

1. Wear Proper Footwear to Prevent Slips

One of the simplest ways to reduce the risk of slipping is by choosing the right footwear. Opting for shoes or boots with non-slip soles can help provide better traction on wet, icy, or snowy surfaces. It is also important to choose waterproof materials to keep your feet dry, as this reduces the chance of losing your footing. Selecting footwear with wide, flat heels and deep treads offers greater stability on uneven or icy ground, which can significantly lower the likelihood of a fall.

2. Walk Slowly and Use Handrails

When walking on potentially slippery surfaces, it is crucial to take your time and move slowly. This approach is especially important on stairs or ramps where the risk of falling is higher. Using handrails can offer additional support, which helps maintain balance and prevent falls. It is wise to avoid rushing or taking long strides, as doing so can easily lead to a loss of balance.

3. Clear Snow and Ice Regularly

If you are a property owner or responsible for maintaining a public space, it is essential to clear snow and ice as soon as possible. Keeping sidewalks, driveways, and parking lots free of ice and snow can help prevent slip and fall accidents for yourself and others. Applying salt or sand can improve traction, and regular maintenance ensures that surfaces remain as safe as possible throughout the winter season. Proactive steps to reduce hazards are not only a matter of safety but also a legal responsibility.

4. Report Unsafe Conditions to Protect Others

If you come across hazardous areas, such as untreated ice patches or uncleared sidewalks, reporting them to the property owner, local municipality, or building management is an important step in preventing injuries. Promptly addressing these dangers can help protect others from accidents and may encourage property owners or authorities to take swift action in resolving the issue. Taking a few moments to report unsafe conditions can make a significant difference in keeping everyone safe.

What to Do If You Are Injured in a Slip and Fall Accident

Despite taking precautions, accidents can still occur. If you are injured in a slip and fall, the first step is to seek medical attention immediately, even if the injury appears minor. Getting a professional evaluation is important, as some injuries, like concussions or soft tissue damage, may not show symptoms right away. After addressing any medical concerns, it is crucial to document the scene by taking photos of the area where the fall occurred, especially any hazardous conditions such as ice, snow, or poor lighting. This evidence can be valuable if you decide to pursue a claim.

Reporting the incident is also necessary if the fall occurred on public or commercial property. Inform the property owner or manager and obtain a copy of the incident report to establish a record of the accident. Consulting an injury lawyer who specializes in slip and fall cases can help you understand your legal options, navigate the claims process, and pursue compensation for your injuries.

Understanding Property Owner Responsibilities

In Ontario, property owners have a legal obligation to maintain safe premises. The Occupiers’ Liability Act requires owners to take reasonable steps to ensure the safety of people on their property, including clearing ice, snow, and other dangerous conditions in a timely manner. Failure to meet these obligations can result in liability for any injuries that occur. Maintaining walkways, parking lots, and entrances during the winter is crucial for preventing accidents and fulfilling legal responsibilities.

How Can Aaron Waxman and Associates, P.C. Help?

If you’ve suffered a slip and fall injury, Aaron Waxman and Associates, P.C. can guide you through the legal process. Our firm is experienced in handling slip and fall cases and will work to secure fair compensation for your injuries, medical expenses, lost wages, and other damages. We understand the challenges faced after an accident and are committed to providing compassionate, effective legal support throughout the process.

Conclusion

Winter presents unique risks for slip and fall injuries, but many accidents can be prevented with the right precautions. Wearing appropriate footwear, staying mindful of your surroundings, keeping property surfaces clear of snow and ice, and reporting hazards can significantly reduce the likelihood of injury. However, if a slip and fall incident does occur, there are legal options available to hold negligent property owners accountable. Contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation to discuss your case and learn how we can help you obtain the compensation you deserve.

Holiday Slip and Fall Accidents: What to Do If You’re Injured While Shopping

devops@elitedigital.ca (Dev Ops) — Tue, 17 Dec 2024 14:00:00 GMT

The holiday season is a bustling time for shopping, with many people visiting malls, stores, and other retail spaces. Unfortunately, it also brings an increased risk of slip and fall accidents due to crowded stores, wet floors from tracked-in snow, and holiday decorations obstructing walkways. If you suffer a slip and fall accident during holiday shopping, it’s essential to know your rights and the steps you should take to protect them. This article will guide you through what to do after a slip and fall, how to document your accident, and the legal aspects involved in pursuing a lawsuit.

Common Causes of Slip and Fall Accidents in Retail Spaces During the Holidays

Slip and fall accidents can happen at any time, but the holiday season brings specific hazards that increase the risk. Some common causes include:

Wet or Slippery Floors : Snow, ice, and rain brought in by shoppers can make floors hazardous. If stores fail to clean or place warning signs in slippery areas, accidents are more likely.
Cluttered Walkways : Displays, decorations, or holiday merchandise can block aisles and pathways, leading to tripping hazards.
Poor Lighting : Festive lighting or dimmed areas for ambiance can obscure obstacles and increase the likelihood of falling.
Damaged Flooring : Worn-out carpets, uneven tiles, or broken flooring can also contribute to accidents.

Steps to Take After a Slip and Fall Accident

If you experience a slip and fall accident while holiday shopping, taking the right steps immediately can help protect your legal rights and strengthen your potential lawsuit. Here’s what you should do:

Seek Medical Attention Immediately
Your health should be the top priority. Even if you don’t feel injured right away, it’s essential to see a doctor to identify any hidden injuries. Prompt medical attention can also provide vital documentation for your claim.
Document the Scene
If you’re able, take photos or videos of the accident scene. Capture details such as the hazard that caused the fall (e.g., wet floor, cluttered aisle), any warning signs (or lack thereof), and the store's overall condition. Note the time, date, and specific location of the incident. This information can help establish liability.
Report the Incident to the Store Management
Notify the store manager or a supervisor about the accident as soon as possible. Ask them to make a written report and request a copy for your records. If there were witnesses, collect their contact information in case their testimony is needed later.
Preserve Evidence
Keep any clothing or shoes worn during the accident, especially if they have been damaged or show signs of the conditions that caused the fall (e.g., wet shoes).
Consult a Lawyer for Slip and Fall Accidents
An experienced lawyer can help you understand your rights and determine whether you have a viable claim for compensation. They can assist in navigating the complexities of slip and fall cases, particularly those that occur in retail environments.

Understanding Liability in Retail Slip and Fall Cases

In Canada, retail stores and property owners have a legal duty to ensure their premises are reasonably safe for customers. If they fail to do so, they may be held liable for injuries that occur due to their negligence. Under Ontario’s Occupiers' Liability Act, store owners are required to maintain safe premises, which includes conducting regular inspections, promptly cleaning up hazards, and providing adequate warning signage for potential dangers.

Liability in these cases can sometimes be shared between the store and another party, such as a cleaning service responsible for maintaining the property. Additionally, if the injured person’s actions contributed to the accident, such as distracted walking, their compensation may be reduced proportionally due to contributory negligence.

Tips for Preventing Holiday Slip and Fall Accidents

While you can't control the conditions of a retail space, there are steps you can take to reduce your risk of falling:

Wear appropriate footwear : Shoes with good traction can help prevent slips on wet or icy surfaces.
Stay alert in crowded areas : Keep an eye out for hazards and avoid distractions like looking at your phone while walking.
Report unsafe conditions : If you notice a hazard, inform a store employee immediately.

How Can Aaron Waxman and Associates, P.C. Help?

If you’ve suffered a slip and fall accident while holiday shopping, Aaron Waxman and Associates, P.C. can help you pursue compensation for your injuries. Our team of lawyers for slip and fall accidents is well-versed in Ontario’s premises liability laws and understands the unique challenges posed by accidents that occur in retail spaces. We’ll guide you through every step of the legal process, from gathering evidence to negotiating with insurers or pursuing litigation if necessary.

Our firm is committed to helping you recover fair compensation for your medical expenses, lost wages, and pain and suffering. Contact us today for a free consultation to discuss your case and learn more about your legal options.

Conclusion

Slip and fall accidents during the holiday shopping season are common, but knowing what to do can make all the difference in protecting your rights and securing compensation. By following the steps outlined in this post, you’ll be better prepared to handle the situation and strengthen your potential lawsuit. Contact us at 416-661-4878 or awaxman@awaxmanlaw.ca for legal advice.

Dealing with Denied Life Insurance Claims in Ontario

devops@elitedigital.ca (Dev Ops) — Fri, 13 Dec 2024 14:00:00 GMT

Life insurance provides financial protection to families and loved ones when someone passes away, offering peace of mind that beneficiaries will be supported. However, it can be devastating when a life insurance claim is denied, leaving families in a difficult financial situation. Understanding the reasons why claims are denied and the steps you can take to appeal such decisions is crucial. In this blog, we’ll explore the common reasons for life insurance claim denials in Ontario and how beneficiaries can navigate this challenging process, including when to seek help from a life insurance lawyer .

Why Are Life Insurance Claims Denied?

Life insurance policies come with specific terms and conditions, and any violation of these can lead to a denied claim. One of the most common reasons for denial is material misrepresentation or non-disclosure on the original insurance application. If the policyholder provided inaccurate information, such as failing to disclose a pre-existing medical condition or providing false details about their lifestyle, the insurance company may reject the claim.

Another reason for denial is policy lapse due to non-payment . Life insurance policies require regular premium payments, and if a policyholder fails to pay their premiums on time and the policy lapses, the insurance company may deny any subsequent claims. This can be especially surprising for beneficiaries who may not have been aware that the policy had lapsed.

The contestability period is another critical factor. Most life insurance policies include a contestability period, typically two years after the policy is issued. During this time, insurers can investigate and deny claims for any reason, including undisclosed health issues or misrepresentations. If the policyholder passes away within this period, the insurer may scrutinize the claim more closely.

Life insurance policies also often include excluded causes of death . For instance, policies may not cover death due to suicide within the first two years, death occurring during illegal activities, or certain high-risk activities. If the cause of death falls under one of these exclusions, the claim may be denied.

Finally, some policies have exclusions related to specific medical conditions . If the policyholder’s death is caused by an excluded condition, the insurance company may refuse to pay the claim.

What to Do When Facing a Denied Life Insurance Claim

A denied life insurance claim can be overwhelming, but it is not necessarily the end of the road. The first step is to carefully review the denial letter sent by the insurance company. This letter should explain the reason for the denial, which is essential for understanding the basis of their decision. If the reasons are unclear, you should contact the insurance company for a more detailed explanation.

Once you understand why the claim was denied, you should contact a lawyer or law firm that has experience in dealing with denied life insurance claimsOne of the most effective ways to challenge a denied life insurance claim is to seek help from a life insurance lawyer . An experienced lawyer can help you understand your rights, gather evidence to support your case, and communicate with the insurance company on your behalf. Lawyers who practice in the field of life insurance disputes are familiar with the tactics insurance companies use and can advise you on the best course of action. If necessary, they can represent you in court to ensure you receive the benefits you are entitled to.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C. , we understand how stressful it can be to deal with a denied life insurance claim. Our team is well-versed in handling disputes with insurance companies and can help you challenge a denial. We will review the details of your case, and, if needed, pursue litigation to recover the benefits you are owed.

We offer free consultations so you can speak to a life insurance lawyer to understand your options without any financial obligation. Our firm is committed to ensuring that our clients receive the legal advice and representation they need to navigate this complex process. Contact us at 416-661-4878 or awaxman@awaxmanlaw.ca for legal assistance.

How Ontario’s Insurance System Affects Car Accident Claims

devops@elitedigital.ca (Dev Ops) — Tue, 10 Dec 2024 14:00:01 GMT

Ontario's insurance system plays a significant role in shaping how car accident claims are handled. Understanding how this system works is essential for anyone involved in a car accident, as it impacts the type of benefits available, including medical coverage and income replacement. In this post, we’ll explain Ontario’s car accident insurance system, discuss available benefits, and explore what it means for drivers who have experienced an accident.

How Does Ontario’s Insurance System Work?

Ontario operates a "no-fault" insurance system, and a tort system. Under the “no-fault” system, each person involved in an accident who sustained injuries in most cases turns to their own insurance company for coverage, regardless of who caused the accident. This system is designed to simplify the claims process, enabling quicker access to benefits. However, the term "no-fault" can be misleading, as it doesn’t mean that no one is at fault—it simply refers to how claims are processed. Each driver files a claim with their own insurer, regardless of who was responsible for the accident. While fault is still determined and can affect future insurance premiums, drivers may still sue the at-fault party for damages not covered by their insurance, such as pain and suffering or loss of income.

What Accident Benefits Are Available Under Ontario's Car Accident Insurance for Non-Catastrophic Injury Claims?

Ontario’s auto insurance policies include statutory accident benefits coverage, which provides compensation for various needs after an accident. Here are some key benefits available:

Medical and Rehabilitation Benefits
Accident benefits cover medical expenses and rehabilitation costs for injuries sustained in the accident, including but not limited to physiotherapy, chiropractic care, and psychological therapy. Coverage amounts can vary depending on the severity of the injury, and if optional coverage was purchased, ranging from $3500 to over one million dollars.
Income Replacement Benefits
If you’re unable to work due to injuries sustained in a car accident, you may be entitled to receive income replacement benefits. Typically, income replacement benefits are 70% of your gross weekly income, up to a maximum of $400 per week unless you purchased optional benefits.
Attendant Care Benefits
These benefits are available if you require help with daily activities such as bathing, dressing, or feeding due to your injuries. The amount covered depends on the severity of the injuries.
Non-Earner Benefits
If you’re not employed at the time of the accident and suffer a complete inability to live a normal life, you may be eligible for non-earner benefits at the weekly rate of $185.00 up to a maximum of 104 weeks.

What Does It Mean for Drivers Involved in a Car Accident?

Navigating Ontario's insurance system can be complex, especially when it comes to understanding what you’re entitled to and how to access it. It is crucial to report the accident to your insurance company as soon as possible and seek medical attention, even if injuries seem minor, the injuries and/or losses should be documented as they appear. While Ontario's insurance system provides a basic level of benefits, reviewing your policy to understand any optional coverage you may have, such as increased income replacement or additional medical coverage, can significantly improve your financial recovery following an accident. If your insurance company denies a claim for benefits, you can challenge the decision, and in some cases, mediation or arbitration may be required, or even legal action to secure the coverage you need.

How Can Aaron Waxman and Associates, P.C. Help?

If you’ve been injured in a car accident, Aaron Waxman and Associates, P.C. can help you navigate Ontario's car accident laws and insurance system. Our firm is well-versed in representing clients who have been denied accident benefits or who need assistance maximizing their entitlements. We provide comprehensive support, from guiding you through the claims process to challenging denied benefits on your behalf.

Our team understands that recovering from an accident is not just a legal process but a deeply personal one. We take a compassionate approach, working tirelessly to ensure you receive the benefits and compensation necessary for your recovery.

Conclusion

If you need help with your claim or are facing difficulties obtaining benefits, contact Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation.

Short-Term vs. Long-Term Disability: What’s the Difference?

devops@elitedigital.ca (Dev Ops) — Fri, 06 Dec 2024 14:00:01 GMT

Disability insurance is essential for protecting your financial stability if you are unable to work due to illness or injury. In Ontario, understanding the differences between short-term and long-term disability benefits is crucial for making informed decisions about coverage and knowing what to do if your claim is denied. This blog will explain how each type of disability insurance works, who qualifies, and how a lawyer can help when claims are denied or delayed.

What is Short-Term Disability in Ontario?

Short-term disability benefits offer temporary financial assistance to individuals who cannot work due to a medical condition. Here’s what you need to know:

Duration: Most short-term disability policies provide for a few weeks up to six months of benefit entitlement, providing income replacement during the recovery period.
Coverage Amount : These benefits generally cover a portion of your income, often between 50-85%, depending on the specific terms of the insurance policy.
Qualifying Conditions : To qualify, you need to provide medical documentation that confirms your inability to work. Conditions that commonly qualify include injuries from accidents, surgeries, serious mental health concerns, or short-term illnesses like pneumonia or severe flu.

Short-term disability is often included as part of an employer’s benefits package. If it’s not available through your workplace, you may consider purchasing individual coverage. The Canadian government also provides for “Sickness Benefits” through Service Canada’s Employment Insurance program.

What is Long-Term Disability in Ontario?

Long-term disability benefits come into play when an individual’s health condition prevents them from working for an extended period. Here’s how LTD differs from short-term disability:

Duration : Long-term disability (LTD) coverage sometimes starts once short-term benefits end and can continue for several years, sometimes up to age 65 or beyond, depending on the policy.
Coverage Amount : Long-term disability benefits usually replace a smaller percentage of income compared to short-term benefits, typically ranging from 30-70%.
Qualifying Conditions : While medical documentation is also required, the criteria for long-term benefits can be more stringent, often requiring proof that you are unable to perform any type of work, not just your current occupation.
Exclusions: Oftentimes an LTD policy will provide for an exclusion for pre-existing conditions. In these cases, the insurance company may be relieved from paying a monthly benefit if the policyholder who is disabled due to a medical condition that existed before insurance was put in place. This exclusion usually does not apply where policyholders have been insured for a certain period of time (usually one year).

Long-term disability insurance can be provided through an employer or purchased as an individual policy. It’s crucial to understand the specific terms, as policies can vary significantly.

Key Differences Between Short-Term and Long-Term Disability

While both short-term and long-term disability insurance aim to provide financial support during periods of illness or injury, their coverage, duration, and eligibility requirements differ. Short-term disability serves as immediate financial relief for illness and/or injury when you are unable to work. Whereas, long-term disability provides financial support to individuals who have been consistently unable to work for a prolonged period of time. Most LTD policies contain a ‘waiting period’ before which no LTD benefits are payable.

Who Qualifies for Disability Benefits in Ontario?

Eligibility for disability benefits in Ontario generally depends on several factors:

Medical Documentation : You will need a physician’s report detailing your condition and explaining how it affects your ability to work.
Policy Terms : The specific requirements for qualifying are outlined in your insurance policy, which should be reviewed carefully to ensure compliance. Ordinarily, policies require a person provide evidence that they are disabled from performing the essential tasks of their own occupation;
Employment Status : Most disability insurance policies require you to be employed at the time of becoming disabled. Some policies may cover those who recently left their jobs under certain conditions.

Understanding the criteria for short-term and long-term disability benefits is crucial, as failing to meet any of the requirements can result in a denied claim.

What Happens if Your Disability Claim is Denied?

Disability insurance claims can be denied or delayed for several reasons, such as insufficient medical evidence, administrative errors, missed deadlines, or disputes over policy terms. If you receive a denial, it’s important to be proactive. A lawyer can help you navigate the process by gathering additional evidence and preparing a strong case to improve your chances of having your benefits approved.. They can also clarify the complex language in insurance policies, ensuring you understand your rights and obligations. If the insurance company refuses to pay your claim, legal representation may be necessary to escalate the matter so that you obtain the benefits you deserve.

How Can Aaron Waxman and Associates, P.C. Help?

Aaron Waxman and Associates, P.C. recognizes the stress and financial burden that denied disability claims can impose. Our legal team is well-versed in Ontario’s disability laws and can provide support throughout the claims process. We offer a free consultation to assess your case and determine the best approach. If your claim has been denied, we will advance your claim via the issuance of a lawsuit and ensure all necessary documentation is complete and submitted to the insurer in accordance with your policy. In cases where negotiations with the insurance company do not resolve the issue, we are prepared to represent you in court to pursue the benefits you are entitled to. Our commitment is to help you secure the financial support you need during difficult times.

Conclusion

Understanding the differences between short-term and long-term disability benefits in Ontario can help you make informed decisions about your coverage. Whether you are dealing with a short-term disability claim or a long-term disability matter, knowing your rights and options is essential. If your disability claim has been denied or if you need assistance understanding your insurance policy, Aaron Waxman and Associates, P.C. is here to help. Contact us at 416-661-4878 or awaxman@awaxmanlaw.ca for a free consultation.

4 Common Misconceptions About Employment Law in Ontario

devops@elitedigital.ca (Dev Ops) — Tue, 03 Dec 2024 14:00:00 GMT

Employment law in Ontario is sometimes misunderstood, leading to misconceptions that can impact employees’ rights and how they handle employment disputes. Many employees are unfamiliar with what they’re entitled to or assume that their employers are acting within legal limits. This blog will address four common misconceptions about employment law in Ontario, clarify the realities behind these issues, and provide practical advice for employees facing workplace disputes.

1. Misconception: Severance Pay is Only Owed for Wrongful Dismissal

Reality: In Ontario, severance pay can be owed even if you are dismissed without cause.

Many people think severance is only available in cases of wrongful dismissal or when an employer breaks the terms of the employment contract. However, under the Ontario Employment Standards Act (ESA), severance may be required for dismissals without cause, depending on the length of your employment and the size of the company. Employers must provide severance pay to eligible employees who have been with the company for five or more years, and the company’s payroll must exceed $2.5 million. Additionally, common law severance (beyond ESA minimums) may be owed based on factors such as age, position, and the time it may take to find similar employment.

If you are facing termination, consult an employment lawyer in Toronto to review your severance package. An employment lawyer can determine if your severance offer is fair and whether additional compensation may be due under common law.

2. Misconception: You Must Sign Termination Papers Immediately

Reality: You are not obligated to sign any termination papers on the spot.

When being let go, it’s common for employers to present termination documents, asking employees to sign immediately. These documents may include severance offers or waivers of legal claims. While the situation can feel pressured and stressful, you have the legal right to take time to review the documents before signing. Signing termination papers without proper review could mean giving up important legal rights or accepting a less-than-fair severance offer.

Never feel pressured to sign termination papers right away. Take time to read and understand what you’re agreeing to, and consider seeking a free consultation with an employment lawyer . This will help you make an informed decision about your severance package and any potential legal claims.

3. Misconception: Employers Cannot Terminate Employees Without Cause

Reality: Employers can terminate employees without cause, but they must provide proper notice or pay in lieu of notice.

In Ontario, employers have the right to terminate employees without cause as long as they follow the rules set out in the Employment Standards Act. The law requires that employees be given either notice of termination, pay in lieu of notice, or a combination of both. The length of the notice period is determined by the employee's years of service. However, if the termination is for cause (e.g. serious misconduct), the employer may not have to provide any notice.

If you are terminated without cause, ensure that your employer is complying with the legal notice requirements. In some cases, employees may be entitled to more notice or severance under common law than the minimum standards set by the ESA. Consulting an employment lawyer in Toronto can help you understand your full entitlements.

4. Misconception: Employment Contracts Are Always Enforceable as Written

Reality: Employment contracts must comply with Ontario law; unfair terms may be unenforceable.

Some employees believe that they have no choice but to accept the terms set out in their employment contracts. However, an employment contract that contains provisions contrary to the ESA, such as waiving certain entitlements, may be deemed unenforceable. Courts have struck down clauses in contracts that attempt to limit an employee's rights below what is provided under the ESA. If a contract is found to be unenforceable, employees may be entitled to more substantial compensation than what the contract specifies.

If you are presented with a new employment contract or are concerned about the terms in your current one, an employment lawyer in Toronto can review the contract and advise you on its enforceability. They can help you negotiate fairer terms or challenge clauses that may violate your legal rights.

How Can Aaron Waxman and Associates, P.C. Help?

Employment law can be complex and daunting, especially when dealing with terminations, severance pay, or contract disputes. Aaron Waxman and Associates, P.C. is well-versed in employment law matters in Ontario and offers personalized legal advice to help you navigate these challenges. We offer a free consultation to review your case and provide guidance on the best course of action.

Whether you need assistance negotiating a severance package, challenging unfair contract terms, or understanding your rights in a termination situation, our team can help you pursue a fair resolution. We are dedicated to protecting employee rights and ensuring that you receive the compensation and treatment you deserve.

Conclusion

Understanding your rights as an employee in Ontario is crucial, especially when it comes to severance, termination, and employment contracts. Misconceptions can lead to missed opportunities for fair compensation or overlooked legal rights. By knowing the realities behind these common misunderstandings and seeking advice when needed, you can better navigate employment disputes and protect your interests. If you're facing a workplace issue, taking the time to consult an experienced employment lawyer in Toronto can help you understand your options and secure the best possible outcome.Contact us at 416-661-4878 or awaxman@awaxmanlaw.ca for legal guidance.

Denied Long-Term Disability Claims: What Steps Should You Take?

devops@elitedigital.ca (Dev Ops) — Fri, 29 Nov 2024 02:37:53 GMT

Dealing with a denied long-term disability (LTD) claim can be incredibly stressful, especially when you’re already struggling with a health condition. If your LTD claim has been denied, it’s important to know your rights and understand the steps you can take to address the denied benefits. This guide will cover why claims are often denied, common mistakes made by claimants, and the legal actions that can help you.

Why Are Long-Term Disability Claims Denied?

Insurance companies deny long-term disability claims for various reasons. Understanding these reasons can help you avoid pitfalls and build a stronger case. Here are some common grounds for denial:

Insufficient Medical Evidence
One of the most frequent reasons for denial is a lack of comprehensive medical documentation supporting your disability. The insurance company may claim that the medical evidence does not adequately demonstrate how your condition prevents you from working.
Policy Limitations or Exclusions
Your LTD policy may have specific exclusions or limitations that disqualify certain medical conditions. It is essential to read your policy carefully to understand what is covered and what is not.
Pre-existing Conditions Clause
If your disability is related to a pre-existing condition, the insurer may argue that it is excluded from coverage. Many policies include clauses that exclude coverage for conditions that existed before the policy started.
Missed Deadlines and Incomplete Applications
Filing your claim late or submitting incomplete forms can result in an automatic denial. It's crucial to follow all instructions carefully and meet all deadlines to avoid this.

Common Mistakes That Lead to LTD Claim Denials

To improve your chances of a successful claim, it's important to avoid common mistakes. Here are some errors to watch out for:

Not Following Medical Advice
Failure to follow your doctor's recommendations, such as attending physical therapy or taking prescribed medications, can be used by the insurance company to argue that you are not truly disabled.
Gaps in Medical Treatment
If there are significant gaps in your medical treatment, insurers may interpret this as a lack of seriousness about your condition. Maintaining consistent medical records is key.
Poor Communication with Your Doctor
Your doctor needs to understand how your disability affects your ability to work. If this is not clearly documented, your insurer may argue that you are still capable of performing your job.
Inaccurate or Inconsistent Information
Providing inconsistent information on your claim forms, medical records, or statements can damage your credibility. Always ensure that the details you provide are accurate and match across documents.

What Steps Should You Take After a Long-Term Disability Claim Denial?

If your LTD claim has been denied, don’t lose hope. There are steps you can take to address the denied claim.

Review the Denial Letter Carefully
The first step is to thoroughly review the denial letter from the insurance company. It should detail the reasons for the denial and any supporting evidence. Understanding why your claim was denied will guide your next steps.
Consult a Long-Term Disability Lawyer
If you are unsure how to proceed, consulting a lawyer who is well-versed in long-term disability claims in Ontario can significantly improve your chances of success. A lawyer can help you understand your rights, build a stronger case, and ensure that all paperwork is filed correctly.

How a Long-Term Disability Lawyer Can Help

When dealing with a denied LTD claim, having a lawyer on your side can make all the difference. An experienced disability lawyer can review your claim and identify weaknesses that need to be addressed, handle all communications with the insurer, represent you in legal proceedings, and negotiate for a fair settlement on your behalf.

How Can Aaron Waxman and Associates, P.C. Help?

At Aaron Waxman and Associates, P.C., we understand the challenges of dealing with a denied long-term disability claim. Our team is focused on supporting clients through every step of the process. We provide clear, practical advice on your rights and the legal steps you can take to challenge a denial. Our lawyers work closely with you to gather the necessary evidence and fight for your right to disability benefits, whether through negotiation or legal action. If your long-term disability claim has been denied, don’t hesitate to reach out. We offer a free consultation to review your case and discuss your options. Contact us at 416-661-4878 or awaxman@awaxmanlaw.ca for legal guidance.

Ontario’s Distracted Driving Laws: How They Impact Car Accident Cases

devops@elitedigital.ca (Dev Ops) — Thu, 28 Nov 2024 02:25:07 GMT

Distracted driving has become one of the leading causes of car accidents in Ontario, often resulting in serious injuries and fatalities. Ontario's laws aim to curb this dangerous behavior, but many people may not fully understand how these laws can affect liability in car accident cases. This blog explores how distracted driving laws influence legal outcomes, the penalties for violating these laws, and the impact on personal injury claims or insurance settlements.

What Are Ontario’s Distracted Driving Laws?

Ontario has some of the strictest distracted driving laws in Canada, which primarily focus on prohibiting the use of handheld devices while driving. Under these laws, drivers are not allowed to use handheld communication devices, such as smartphones, to text, call, or email. The regulations also require that GPS systems be mounted securely on the dashboard and prohibit drivers from engaging with entertainment devices, like tablets or video screens, while the vehicle is in motion or stopped in traffic. Although the laws do not impose specific penalties for other distractions, such as eating or grooming while driving, these behaviors can still be considered negligent in the context of an accident.

Penalties for Distracted Driving in Ontario

The penalties for distracted driving in Ontario are severe and escalate with repeated offences. They include:

First Offence: A fine of up to $1,000 and three demerit points.
Second Offence: A fine of up to $2,000, six demerit points, and a possible seven-day license suspension.
Third and Subsequent Offences: A fine of up to $3,000, six demerit points, and a 30-day license suspension.

These penalties are intended to deter distracted driving, but they also play a significant role in how liability is determined in car accident cases.

How Distracted Driving Affects Car Accident Liability

When a car accident occurs, establishing liability is a critical aspect of any legal claim. If one of the drivers involved was distracted at the time of the accident, this fact can significantly affect the case in several ways:

Increased Liability for Distracted Drivers
If it is proven that a driver was distracted when the accident occurred, they are likely to be held primarily liable. Distracted driving is considered negligence because it violates the legal duty to drive safely. Therefore, if you were involved in an accident with a distracted driver, this could strengthen your personal injury claim.
Impact on Insurance Claims
Insurance companies consider distracted driving a serious risk factor. If the at-fault driver was distracted, the insurer might be more inclined to settle the claim quickly to avoid a lengthy legal battle. However, if you, as the claimant, were found to be partially distracted, this could reduce the compensation you receive through a concept known as contributory negligence.
Evidence in Distracted Driving Cases
Proving that the other driver was distracted can be challenging but not impossible. Evidence such as mobile phone records, dashcam footage, and eyewitness accounts can be crucial in demonstrating that distracted driving contributed to the accident.

The Role of Distracted Driving in Personal Injury Claims

In personal injury cases that arise from car accidents, the plaintiff must show that the other party’s negligence directly caused their injuries. Distracted driving laws can simplify the process of establishing negligence because the behavior itself is illegal. If the at-fault driver has been convicted of distracted driving, this can serve as a key piece of evidence, strengthening the case for higher compensation for pain and suffering, medical expenses, and lost wages. In severe incidents, where distracted driving leads to catastrophic injuries or even fatalities, courts may consider awarding punitive damages to serve as a deterrent for future conduct.

Distracted Driving and Insurance Settlements

Distracted driving not only affects legal liability but also influences how insurance companies approach settlements. Ontario operates under a “no-fault” insurance system, meaning each driver’s insurance covers their own damages regardless of fault. However, fault determination still plays a crucial role in the amount of compensation a driver can claim. If you are deemed to be less than 50% at fault for an accident, you may still seek damages from the other driver’s insurance. Additionally, being convicted of distracted driving is likely to lead to higher insurance premiums, reflecting the increased risk associated with such a conviction.

What Should You Do If You’re in a Distracted Driving Accident?

If you’re involved in a car accident where distracted driving may have played a role, it’s important to:

Call the Authorities: Report the accident to the police, especially if there are injuries. The police report can serve as an essential piece of evidence.
Document the Scene: Take photos of the accident scene, gather witness statements, and collect information from the other driver.
Seek Medical Attention: Even if you feel fine, get a medical evaluation to identify any injuries that may not be immediately apparent.
Contact a Lawyer: Speaking with a lawyer who is well-versed in Ontario car accident law can help you understand your rights and build a strong case.

How Can Aaron Waxman and Associates, P.C. Help?

Aaron Waxman and Associates, P.C. provides extensive legal services for individuals involved in car accident cases across Ontario. The firm is well-versed in navigating the legal process, offering support from filing claims to negotiating settlements. They assist clients by gathering evidence, such as phone records or witness testimony, to bolster the strength of their cases. With their experience in personal injury law, they are adept at negotiating fair compensation for injuries, lost wages, and other damages. If an insurance company is reluctant to provide a settlement, Aaron Waxman and Associates, P.C. can advocate on your behalf to ensure you receive the compensation you deserve.

Conclusion

Ontario's distracted driving laws are designed to keep roads safer, but they also play a crucial role in car accident cases. Understanding how these laws impact liability and insurance settlements can help you make informed decisions if you're involved in a car accident. If you or a loved one has been injured in a distracted driving accident, reach out to Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca for legal guidance.

Motorcycle Accident Law and the Last of the Summer Rides: Ensuring Motorcycle Safety

devops@elitedigital.ca (Dev Ops) — Mon, 30 Sep 2024 13:00:00 GMT

As we wave goodbye to summer and welcome the crisp air of early fall, motorcyclists are presented with a unique blend of riding conditions. While the beauty of autumn beckons riders to the open road, this transitional period also calls for heightened safety awareness.

A motorcycle accident lawyer can help you understand the nuances of motorcycle accident law and explain why taking extra precautions is essential for a safe and enjoyable experience during these final warm days.

Embracing the Final Warm Days with Safety as a Priority

Motorcycling in early fall can be one of the year's most pleasurable experiences. However, changing weather conditions can also introduce new hazards. A trusted motorcycle accident lawyer will always prioritize safety and ensure that these last rides of the season remain fond memories rather than unfortunate incidents.

Understanding Motorcycle Accident Law and Essential Safety Tips for Early Fall Riding

As the seasons shift, riders must adapt their safety approach to account for varying road conditions and visibility. Here are some tips from motorcycle accident lawyers:

Appropriate Gear for Changing Conditions

It’s crucial to dress appropriately for cooler temperatures and unpredictable weather. Essential gear includes:

A well-fitted helmet with an anti-fog visor or pin lock to prevent vision impairment.
Durable gloves and jackets with insulated layers for warmth.
Waterproof riding boots and suits to protect against rain and road spray.

Staying Visible During Autumn's Shorter Days

With daylight hours diminishing, making yourself visible to other road users is more critical than ever. High-visibility vests and reflective decals on your helmet and bike can significantly improve your visibility.

Preparing for Early Fall Road Conditions

Leaves and rain can create slippery surfaces; early frosts may lead to icy patches. Riders should:

Reduce speed and maintain a longer following distance to account for decreased tire traction.
Avoid riding over wet leaves and painted road markings, which can be slick.
Check the weather forecast and plan routes accordingly to avoid surprises on the road.

Understanding Motorcycle Accident Law

Knowledge of motorcycle accident law can empower riders with the information they need to protect themselves legally.

Your Rights and Responsibilities on the Road

Every rider should be familiar with their legal rights and responsibilities. Adhering to traffic laws, licensing requirements, and insurance regulations is critical for lawful riding and protection in case of an accident.

What to Do If Involved in a Motorcycle Accident: Advice from Motorcycle Accident Lawyers

In the event of an accident, it’s essential to:

Seek medical attention immediately, even if no injuries are apparent.
Document the accident scene and collect contact information from witnesses.
Report the incident to the police and your insurance provider immediately.

The Role of a Motorcycle Accident Lawyer

A motorcycle accident lawyer can provide invaluable assistance, from navigating insurance claims to representing your interests in legal proceedings. They ensure your rights are upheld, and you receive fair compensation for damages or injuries.

Aaron Waxman and Associates, P.C.: Advocating for Rider's Safety and Rights in Motorcycle Accident Law

At Aaron Waxman and Associates, P.C., we are passionate about motorcycle accident law, ensuring your safety, and upholding riders' rights. Our experienced team of motorcycle accident lawyers provides the legal support needed to navigate the aftermath of an accident, giving you the freedom to focus on what you love.

Conclusion: Contact a Motorcycle Accident Lawyer Today

The allure of early fall riding is undeniable, but it comes with challenges that require careful attention to safety and legal considerations. By being prepared and informed about the various aspects of motorcycle accident law, you can ensure that your last summer rides are safe and enjoyable. If you require legal assistance or have questions about motorcycle accident law, contact Aaron Waxman and Associates, P.C. We are here to help. Reach out to Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca . Let us take care of your legal needs so you can confidently take to the road.

Post-Summer Traffic: Car Accident Lawyers’ Advice for Staying Safe and Legal on Congested Roads

devops@elitedigital.ca (Dev Ops) — Mon, 23 Sep 2024 13:00:02 GMT

The end of summer often signals a return to routine, which can mean an uptick in vehicle traffic and the headaches that come with it. As roads in Ontario become more congested, the chances of car accidents and incidents related to distracted driving tend to rise. It's crucial during these times to stay vigilant and informed about safe driving practices and the legal implications of road incidents.

The Surge of Post-Summer Traffic and Its Challenges, Including Distracted Driving

After the lull of summer holidays, many drivers return to the road, leading to increased congestion and potentially hazardous driving conditions. This transition can be a high-risk period, making it essential for all road users to practice heightened caution and to remain acutely aware of their surroundings.

Navigating Congestion with Safety in Mind: Advice from Trusted Car Accident Lawyers

With more vehicles sharing the roads, adopting a proactive approach to driving is critical to maintaining safety for everyone.

Defensive Driving Techniques

Defensive driving is integral to navigating post-summer traffic safely. This includes:

Maintaining a safe following distance to allow for sudden stops.
Anticipating the actions of others and being ready to respond safely.
Regularly scanning the road to identify and react to potential hazards promptly.

Addressing the Risks of Distracted Driving in Ontario

Distracted driving in Ontario contributes to many traffic accidents each year. Legal penalties for such infractions are severe in Ontario, emphasizing the critical nature of focused driving. To prevent distracted driving, keep all electronic devices out of reach and your full attention on the road.

Legal Preparedness: In Case of an Accident

Being legally prepared is just as important as practicing safe driving techniques. Knowing what to do after an accident can ensure your safety and protect your legal rights. Always contact a trusted team of car accident lawyers, such as those at Aaron Waxman and Associates, P.C.

Immediate Steps Following an Accident

If you're involved in a car accident or have been involved in a car accident due to distracted driving, take these immediate steps:

Check for injuries and call emergency services if needed.
Exchange information with other parties involved.
Document the scene with photos and gather contact information from witnesses.

Understanding the Role of a Car Accident Lawyer

After an accident, a car accident lawyer can be an invaluable resource. They can help you navigate the complex claims process, deal with insurance companies, and protect your legal rights.

Aaron Waxman and Associates, P.C. Car Accident Lawyers: When You Need Them

When facing the challenges of a post-summer traffic incident, Aaron Waxman and Associates, P.C. can provide legal support at every step. Whether advising on the best safety practices or representing you following an accident, our knowledgeable team is ready to assist with your needs.

Conclusion

As we transition from the leisurely pace of summer to the bustling rhythm of fall, staying safe and legal on the increasingly busy roads is paramount. In any eventuality, remember that Aaron Waxman and Associates, P.C. is here to help. If you require legal advice or representation following a traffic incident, please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca . Together, we can ensure that your return to the road is as safe and secure as possible.

Things to Do Within the First 10 Days of Losing Your Job: Tips from Employment Lawyers

devops@elitedigital.ca (Dev Ops) — Mon, 16 Sep 2024 13:00:01 GMT

Job loss can strike a heavy blow to anyone's career trajectory and stability. While it’s a tumultuous time, taking proactive and informed steps in the immediate following days, such as consulting an employment lawyer, is crucial to ensuring your financial and professional future.

Here’s a compiled list of recommendations from experienced employment lawyers in Toronto covering personal actions and legal considerations to help you navigate the initial shock and set the stage for your next chapter.

Coming to Terms with Job Loss: Personal and Emotional Considerations

The early days of post-job loss are just as much about emotional recovery as they are about practical response.

Day 1: Reflect and Regroup

It's natural to feel a variety of emotions, from shock to anger or relief. Allow yourself this day to accept your new situation. It's okay to breathe before plunging into the practicalities that await.If you have been given a termination package (also known as a severance package) you should consult with an employment lawyer prior to signing any agreement.

Days 2–3: Organize Your Finances and Evaluate Next Steps

Begin by assessing your financial status. How much savings do you have? What expenses can you cut back on? This is also the time to start considering industries or roles you’d like to explore and network with contacts who could provide leads or advice. If you are unwell at the time you are terminated from your employment, you may qualify for disability benefits even after your termination. It is important that you consult with a lawyer as soon as possible and not sign-off on a severance package if you were not well enough to work at the time you were terminated and have access to disability benefits.

Practical Measures in the Wake of Unemployment: Key Advice From Employment Lawyers in Toronto

The preliminary days of unemployment should also involve some essential housekeeping to ensure you are in a secure position to move forward.

Assessing Your Severance Package

If you've been given a severance package, review it carefully. Be aware of what you’re entitled to regarding salary, benefits continuation, and whether your package appropriately reflects your tenure and position. If you have any questions about your severance package, consult one of the employment lawyers at Aaron Waxman and Associates, P.C.

Claiming Employment Insurance

Check your Employment Insurance (EI) eligibility and file a claim promptly to ensure you don’t face delays in receiving benefits.

Updating Professional Materials

Revamp your resume, refresh your LinkedIn profile, and consider contacting professional connections. This can also include assembling a portfolio if your line of work calls for it.

Legal Action Steps and Employment Rights

The days following job loss are not just about self-care and planning; they are about protecting your legal rights, and nobody does this better than an employment lawyer.

Analyze the Terms of Your Termination

Understand why you were let go and whether it aligns with legal standards. Were proper procedures followed? Was there any indication of discrimination or unjust cause? It is important that you review the factors leading up to your termination with an employment lawyer. Call the lawyers at Aaron Waxman and Associates, PC for a free consultation.

Know Your Rights Under Employment Law

Familiarize yourself with the relevant employment laws in Ontario. You have rights regarding termination notice, severance pay, and reasons for dismissal.

Document Everything

Keep records of your termination notice, severance offer, communications with your employer, and any other documents related to your job loss. This documentation could be crucial if legal action becomes necessary.

The Role of an Employment Lawyer After Losing Your Job

Seeking the guidance of an employment lawyer can be a decisive factor in navigating the complexities of job loss.

Days 4-10: Consult an Employment Lawyer and Assess Your Situation

An employment lawyer can review your severance package, assess any wrongful dismissal claims, and advise on the next steps. They can also help you understand your rights and any possible legal recourse you may have.

Building a Case for Wrongful Termination, If Necessary

If there’s a suspicion of unjust dismissal or your severance package is unsatisfactory, an employment lawyer can help you build a case and represent you in negotiations or court proceedings.

Aaron Waxman and Associates, P.C.: Your Support Through Employment Challenges

At Aaron Waxman and Associates, P.C., we pride ourselves on providing comprehensive support and legal advice to those navigating the aftermath of job loss. Our team is committed to ensuring that your employment rights are upheld, and we're ready to guide you through any legal challenges that may arise from your situation.

Conclusion: Consult an Employment Lawyer If You Have Any Questions

Losing your job can cause personal upheaval, but following the advice of an employment lawyer can assist you during this difficult time. Address immediate personal and financial needs, get acquainted with relevant legalities, and don’t hesitate to seek professional advice. Contact Aaron Waxman and Associates, P.C. for professional counsel regarding employment law.

Please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca . We're here to support and guide you through each step, helping to transform a period of uncertainty into a pathway towards new opportunities.

The Ins and Outs of Motorcycle Accident Law In Ontario

devops@elitedigital.ca (Dev Ops) — Mon, 15 Jul 2024 13:02:33 GMT

Navigating the aftermath of a motorcycle accident and the ensuing complexities of motorcycle accident law can be daunting. Understanding your rights and the legal framework in Ontario is crucial. Let's delve deeper into motorcycle accident law, focusing on what motorcyclists should know regarding rights, liabilities, and potential compensation.

Introduction to Ontario's Motorcycle Accident Law

In Ontario, motorcycle accident law falls under traffic and personal injury laws. It governs the responsibilities of riders and drivers, helmet use, insurance coverage, and the legal recourse available after an accident.

Knowing Your Rights as a Motorcyclist

If you're involved in a motorcycle accident in Ontario, you have the following rights:

To receive medical treatment for your injuries
To file a claim with your insurance company for damage to your motorcycle or gear
If the accident is not at fault, pursue a claim against the other party’s insurance for additional compensation

Understanding Liability and Distracted Driving

Liability in motorcycle accidents often hinges on negligence. Ontario law harshly penalizes distracted driving due to its increased risk of causing accidents. Evidence of distracted driving can significantly impact liability and the outcome of legal proceedings.

Potential Compensation for Motorcycle Accident Victims

As a motorcycle accident victim, you may be entitled to various forms of compensation, including:

Medical and rehabilitation expenses
Loss of income or earning capacity
Damages for pain and suffering
Costs for repair or replacement of your motorcycle

The compensation process typically begins with filing a claim through your insurance for accident benefits. In some instances, additional claims can be made against the party at fault for the accident.

How Aaron Waxman and Associates, P.C. Supports Motorcycle Accident Victims

Aaron Waxman and Associates, P.C. offers comprehensive legal support for motorcycle accident victims. We can assist with navigating insurance claims, negotiating settlements, or representing you in legal proceedings to ensure you receive the compensation you are entitled to.

Conclusion and Legal Support

If you're dealing with the consequences of a motorcycle accident or distracting driving and seeking compensation under Ontario law, it's important to have experienced legal representation. For guidance and support with your claim, please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca . Our team is ready to help you navigate these challenging times and work towards the outcome you deserve.

Navigating Short-Term Disability Benefits in Ontario: A Comprehensive Guide

devops@elitedigital.ca (Dev Ops) — Mon, 08 Jul 2024 12:57:32 GMT

Navigating the intricacies of short-term disability benefits in Ontario can be overwhelming. Whether due to illness or injury, many employees require financial assistance during a recovery period. Understanding your rights and the process of securing benefits is vital.

Introduction to Short-Term Disability in Ontario

Short-term disability benefits provide financial support to individuals unable to work due to illness or injury where their employer has a short-term disability plan/policy in place for employees. In Ontario, these benefits are crucial in ensuring individuals have the necessary time to recover without the added stress of lost income.

Eligibility Criteria for Short-Term Disability

To qualify for short-term disability benefits in Ontario, you must:

Be employed at the time your disability occurs, and your employer must have a short-term disability plan/policy in place for its employees.
Have a disabling medical condition that has been certified by a healthcare practitioner.
Meet any waiting periods or eligibility conditions in your insurance plan or employer's policy.

The Application Process for Benefits

Applying for short-term disability benefits in Ontario typically involves:

Obtaining and completing the necessary forms from your insurance provider or employer.
Providing detailed medical documentation from your healthcare practitioner.
Submitting your application within the time frame specified by your insurance or employer's plan/policy.

Understanding Your Short-Term Disability Coverage

Short-term disability coverage varies depending on the insurer or the employer. Generally, short-term disability benefits in Ontario cover a portion of your regular income and are designed to support you for a limited time until you can either return to work or apply for long-term disability benefits (where available and if you remain disabled).

Common Challenges and Solutions

Applicants navigating short-term disability benefits in Ontario may encounter benefits payment delays, eligibility disputes, or insufficient coverage. Keeping thorough records and understanding your specific plan's appeals process is essential.

How Aaron Waxman and Associates, P.C. Can Help

Aaron Waxman and Associates, P.C. can provide guidance if you face obstacles to receiving short-term disability benefits in Ontario. We assist Ontarians in understanding their entitlements, navigating the application process, and advocating on their behalf during disputes.

Conclusion and Contact Information

Securing short-term disability benefits is a critical step towards focusing on your health without the burden of financial strain. For assistance with your short-term disability benefits claim in Ontario, please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca . Our team is ready to support you through your recovery journey and ensure that you receive the benefits you're entitled to.

Steps To Take Before Consulting an Employment Lawyer

devops@elitedigital.ca (Dev Ops) — Mon, 01 Jul 2024 13:00:03 GMT

Facing workplace challenges can be stressful and uncertain. Taking specific steps before consulting with an employment lawyer is essential to ensure your case is as strong as possible. Here is what you need to know before scheduling a consultation.

Employment Lawyer: Free Consultation!

Understanding Your Workplace Rights and Issues

The first step before contacting an employment lawyer is understanding your employee rights. Canadian employment law covers workplace issues, including wrongful dismissal, harassment, and discrimination. Identifying the specifics of your situation will help you communicate effectively with your lawyer.

Gathering and Organizing Relevant Documents

Before consultation, gather any documents that are relevant to your situation. This may include:

Employment contracts or agreements
Pay stubs and records of employment
Correspondence with your employer (emails, letters, memos)
Any formal reports you've made (harassment complaints, safety reports)

Organize these documents chronologically to help your lawyer understand the sequence of events.

Keeping Detailed Records

Keeping detailed records of incidents or behaviour that have led you to seek legal advice is crucial. Documentation should include dates, times, locations, individuals involved, and a factual event description.

Reviewing Your Employment Contract

Before the consultation, carefully review your employment contract. Pay attention to any clauses related to your situation, such as severance terms, non-compete clauses, or dispute resolution processes.

Seeking Initial Advice

Consider seeking initial advice from trusted sources or legal helplines. In Ontario, you can contact the Law Society Referral Service for a free consultation with an employment lawyer. This can help you better understand your rights and the viability of your claim.

Preparing for the Consultation

When preparing for your consultation, consider what outcomes you are looking for and any questions you may have. Being prepared will help you make the most of the consultation time.

Conclusion: Next Steps with Aaron Waxman and Associates, P.C.

Taking these steps before consulting an employment lawyer will help you lay a strong foundation for your case. When you're ready for detailed legal guidance, Aaron Waxman and Associates, P.C. is here to assist with claims related to Disability, Personal Injury, and Employment in Ontario.

Please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca if you have any questions or concerns about your claim. We're committed to protecting your workplace rights and ensuring you receive the assistance you need.

Legal Rights and Protections for Long-Term Disability Claimants in Ontario

devops@elitedigital.ca (Dev Ops) — Mon, 03 Jun 2024 13:28:31 GMT

Navigating a long-term disability claim can be complicated. Understanding your legal rights and protections is crucial to ensuring you receive the benefits you are entitled to. Claimants are supported by specific statutes and regulations that govern long-term disability claims in Ontario. For those needing assistance, Aaron Waxman and Associates, P.C. provides comprehensive legal services tailored to the unique needs of individuals seeking long-term disability benefits.

Understanding Long-Term Disability

Long-term disability benefits are designed to provide financial support to individuals who cannot work for an extended period due to a disability. These benefits are typically accessed through employer insurance policies or purchased individually.

Rights of Long-Term Disability Claimants

Individuals filing for long-term disabilities in Ontario are entitled to rights that ensure they are fairly treated throughout the claims process. These rights encompass receiving transparent and comprehensive details about their disability plan and its coverage, being afforded a just and prompt evaluation of their submitted claim, and maintaining the right to appeal if their claim is unjustly denied.

Legal Protections in the Claims Process

During the long-term disability claims process in Ontario, claimants are safeguarded by legal protections that uphold the confidentiality of their medical records and personal information, ensuring these details remain private and secure. Additionally, claimants are shielded from discrimination, guaranteeing they are treated equitably regardless of the type or severity of their disability. These protections are further reinforced by strict adherence to the terms specified within their disability policy and overarching regulatory standards, providing a structured and fair framework for all proceedings.

Challenges in Long-Term Disability Claims

Claimants often face challenges such as navigating complex policy language, meeting stringent deadlines, and providing sufficient medical evidence to substantiate their claims.

Overcoming Claim Obstacles

To overcome the hurdles often associated with filing long-term disability claims in Ontario, claimants are advised to document all medical consultations and treatments meticulously; this provides a solid foundation for their case. Timely submission of all necessary paperwork is critical to prevent delays or disputes. Moreover, consulting with a legal professional can be instrumental in gaining a comprehensive understanding of one's rights and ensuring they are fully safeguarded throughout the claim process.

Long-Term Disability Claims In Ontario: The Role of Legal Representation

Legal representation can be pivotal in a long-term disability claim. It can help clarify policy details, ensure compliance with legal requirements, and represent the claimant's interests in disputes or appeals.

How Aaron Waxman and Associates, P.C. Can Help

The team at Aaron Waxman and Associates, P.C. offers invaluable assistance to claimants in Ontario dealing with long-term disability claims by helping them decipher complex policy language and clarify coverage details. We also provide services to meticulously prepare and review claim submissions, ensuring that all documentation meets the requirements. In disputes, we stand as staunch advocates for the claimant, diligently working to represent and uphold our client's interests.

Conclusion

In conclusion, individuals filing long-term disability claims in Ontario have specific legal rights and protections to ensure a fair claims process and access to entitled benefits. Claimants facing the task of seeking long-term disability benefits are encouraged to reach out to Aaron Waxman and Associates, P.C. for comprehensive legal guidance and representation.

For any uncertainties regarding your long-term disability claim or to explore your legal options, please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca .

Denied Disability Benefits in Ontario: What to Do Next

devops@elitedigital.ca (Dev Ops) — Tue, 21 May 2024 13:29:02 GMT

The moment you realize your disability benefits claim in Ontario has been denied can be disheartening. It may leave you questioning what went wrong and what your next steps should be. This is where Aaron Waxman and Associates, P.C. can shed light on the situation. With a clear understanding of the law and the claims process, we are poised to assist Ontarians facing a denial of disability benefits.

Understanding Disability Benefits Denials

It's important to recognize that a denial doesn't signal the end of your journey to obtaining the benefits you need. Rather, it's an indication that further action is required.

Common Grounds for Denial

Denials of disability benefits in Ontario often stem from various reasons, such as:

Insufficient medical evidence to support the claim
Application errors or incomplete information
Discrepancies in reported symptoms or treatments
Failure to meet the policy's definition of "disability"

The Path to Appeal

If your disability benefits are denied, know that there are specific steps you can take to challenge the decision.

Filing an Appeal

The first step is to thoroughly review the reasons for denial, then:

Gather additional medical evidence or documentation that addresses the reasons for the denial
Correct any application errors or fill in missing information
File a formal appeal with the insurance company or benefits provider within their specified timelines

When to Seek Legal Assistance

While some individuals may feel comfortable navigating the appeal process independently, Aaron believes that navigating an appeal without legal representation may undermine your claim for disability and may undermine your legal rights. Aaron recommends you immediately seek effective legal representation upon your claim being denied. Aaron can be reached at 416-4878 ext. 222 or awaxman@awaxmanlaw.ca .

The Role of Aaron Waxman and Associates, P.C.

The lawyers at Aaron Waxman and Associates, P.C. can provide crucial support when advocating for a client whose appeal has been denied. Our services include:

Guidance on collecting comprehensive medical documentation
Providing representation during legal proceedings
Advising on the legal aspects of the policy and the claims process
Negotiating with insurance companies for a fair resolution
And much more!

Conclusion

In conclusion, the denial of disability benefits in Ontario is not the last word on your claim. It's a call to action that may require a detailed review of your application, an appeal, and seeking the assistance of legal professionals. With Aaron Waxman and Associates, P.C., you have a partner who understands the intricacies of disability benefits claims and can help you work towards a positive outcome.

If you face hurdles with your disability claim, do not hesitate to reach out. Please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca to explore your options and take the next steps toward obtaining the benefits you are entitled to.

Choosing the Right Car Accident Lawyer in Toronto: Key Considerations

devops@elitedigital.ca (Dev Ops) — Mon, 13 May 2024 14:56:56 GMT

Embarking on a legal journey can be daunting, particularly if you've suffered a car accident. Indeed, choosing the right lawyer is one of the most vital decisions you'll make during this challenging time. But don't fret; this is your guide to making an informed choice.

The Importance of Finding the Right Lawyer

Navigating the complex landscape of personal injury law without the right lawyer can leave you feeling lost and frustrated. The right car accident lawyer can guide you through this challenging time, protect your rights, and get you the compensation you deserve.

Consequences of Not Finding the Right Lawyer

What happens if you end up with the wrong car accident lawyer? In legal terms, this could result in avoidable delays, insufficient compensation, or even loss of the claim. After experiencing a car accident, your emotional and financial well-being are at stake, so finding a lawyer who will effectively represent your interests is crucial.

Key Considerations When Choosing a Lawyer

Choosing the right car accident lawyer is like picking out the best car for you. You don’t just consider its colour or stereo system; you look at its engine performance, safety features, durability, and even customer reviews. Similarly, when looking for the right car accident lawyer, you should consider the following key factors:

Experience and Expertise

Experience is a critical factor in handling car accident claims. A car accident lawyer's experience and familiarity with the legal landscape will make all the difference in your claim.

Success Rate

Let's continue with the car shopping analogy. If you have two cars with similar features but one with a better reliability track record, it's fairly obvious which option you would choose. In the same way, a car accident lawyer's success rate is a good barometer of their competence. A high success rate indicates a higher likelihood of your claim's success.

Fees and Financial Transparency

Have you ever bought something only to have hidden fees sprung on you later? It can be aggravating. Hence, a lawyer’s fee structure and transparency about these charges are paramount when choosing a car accident lawyer in Toronto. Understand the cost implications upfront – hourly rates, contingency fees, or other costs – so there won't be any nasty surprises down the line.

How Aaron Waxman and Associates, P.C. Can Assist

In the intricate world of law, let the car accident lawyers at Aaron Waxman and Associates, P.C., be like your car’s GPS, guiding you through the winding roads of legal processes and procedures after experiencing a car accident.

Comprehensive Assistance with Claims

We offer various services, from personal injury to disability and employment claims. Our team is well-versed in car accident law and is always ready to assist you in facing the most formidable legal challenges.

Our Empathetic Approach

At Aaron Waxman and Associates, P.C., we don't just process claims; we understand them. We understand your emotional rollercoaster post-accident and believe in building lasting relationships based on trust, empathy, and open communication. You're not just a case number for us; you deserve to be heard and supported.

Professional Excellence

A robust track record is difficult to achieve; it requires constant hard work, integrity, and client commitment. Our track record in handling car accident claims in Toronto is a testament to our unwavering dedication to achieving the best possible outcomes for our clients.

Conclusion: Your Next Steps

Choosing the right car accident lawyer is crucial. It could mean the difference between receiving your entitled compensation and a disappointing outcome. Proper legal guidance can transform your experience, turning adversity into an opportunity for justice and validation.

For any questions or concerns about your claim, please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca . We're here to help guide you every step of the way.

Harassment and Discrimination in the Workplace: A Toronto Employment Lawyer's Guide

devops@elitedigital.ca (Dev Ops) — Mon, 06 May 2024 19:44:40 GMT

Navigating the complexities of workplace conduct can be daunting for employees and employers. Workplace harassment and discrimination are particularly challenging areas requiring attentiveness and legal insight from employment and harassment lawyers. Understanding the intricacies of these matters and the protective measures available is crucial.

This is where Aaron Waxman and Associates, P.C., offering services in Disability, Personal Injury, and Employment Claims, becomes invaluable for individuals seeking guidance and representation in Ontario.

Defining Workplace Harassment and Discrimination

Workplace harassment and discrimination can take many forms, all with the potential to create an environment of discomfort and fear. Harassment typically involves unwanted and offensive conduct that humiliates or intimidates an individual. Discrimination occurs when an employee is mistreated based on age, gender, race, or disability.

Types of Discrimination in the Workplace

Discrimination manifests in several forms:

Racial Discrimination: This includes bias based on ethnicity or skin colour, which may affect hiring decisions, work assignments, or promotion opportunities.
Gender Discrimination: It involves treating someone unfavourably due to their gender, potentially impacting compensation, job responsibilities, and advancement.
Age Discrimination: Employees may face discrimination due to their age, which can affect their employment status and potential for growth within the company.
Disability Discrimination: This occurs when employers do not provide reasonable accommodations or dismiss employees due to their disabilities.

The Critical Role of Workplace Policies

Effective workplace policies are crucial in preventing harassment and discrimination. These policies serve as a framework for acceptable behaviour, outline procedures for reporting incidents, and provide guidelines for disciplinary actions. They are the first defence in fostering a respectful and equitable work environment.

Legal Implications of Inadequate Policies

Failure to establish or implement comprehensive workplace policies can lead to significant legal implications. These may range from penalties and fines to compensatory damages for affected employees. The existence and enforcement of clear policies are often the benchmarks against which legal bodies assess workplace conduct.

How a Toronto Employment Lawyer and Harassment Lawyer Can Assist

A Toronto employment or harassment lawyer is adept at identifying weaknesses in workplace policies and advocating for necessary changes. They provide legal insights that align with current laws and regulations, ensuring that policies are not only present but also thorough and capable of effectively protecting employees' rights.

Navigating Policy and Advocacy

Aaron Waxman and Associates, P.C. offers legal services that extend beyond consultation. We are committed to actively navigating policy intricacies and advocating for better workplace practices. Aaron’s legal team works tirelessly to ensure that employers adhere to high standards of fairness and that employees are well-informed of their rights.

Conclusion

In summary, workplace policies cannot be overstated in preventing harassment and discrimination. They are essential in upholding a dignified, secure, and inclusive workplace culture. Having a competent legal partner is vital when these policies fall short or are violated.

Aaron Waxman and Associates, P.C. stands ready to assist Ontarians with comprehensive legal advice and advocacy. For any concerns or inquiries regarding employment claims, please contact Aaron Waxman and Associates, P.C., at 416-661-4878 ext. 222 or via email at awaxman@awaxmanlaw.ca .

Understanding Life Insurance Denials: When to Consult an Ontario Life Insurance Lawyer

devops@elitedigital.ca (Dev Ops) — Mon, 29 Apr 2024 13:00:00 GMT

Navigating the complex world of life insurance can be challenging, especially when a claim is denied unexpectedly. Understanding the reasons behind such denials and knowing when and why to engage a life insurance lawyer is crucial for beneficiaries dealing with losing a loved one.

The Basics: Life Insurance Claims

Life insurance policies are designed to provide a financial safety net for beneficiaries upon the death of a policyholder. However, filing a claim and receiving the death benefit is often more complicated than it seems.

Filing a Life Insurance Claim

The process to file a claim begins after the death of a policyholder. Beneficiaries must submit the death certificate and other relevant supporting documents to the insurance company. Though it might appear straightforward on paper, this process can often involve complexities that lead to obstacles and delays.

Reasons for Life Insurance Denials

Life insurance claims can be denied for a multitude of reasons. From discrepancies in the information provided by the policyholder, lapses of the policy due to non-payment of premiums, to the occurrence of the policyholder's death during the contestability period - understanding why an insurance provider denied your claim forms the first step in fighting back.

Moreover, insurance companies sometimes employ tactics to delay or deny valid claims, leaving beneficiaries stranded in a time of grief. Recognizing these tactics can be challenging for laypersons, and that's where the help of legal professionals becomes invaluable.

Taking the Legal Route: The Role of a Life Insurance Lawyer

If you face a denied life insurance claim, it might be time to consult an experienced life insurance lawyer. Legal professionals specializing in life insurance law can provide invaluable assistance in understanding the denial, your rights, and the possible course of action.

How a Life Insurance Lawyer Can Help

A life insurance lawyer's role extends beyond straightforward legal advice. They can conduct an in-depth review of the life insurance policy and the reasons behind the denial, advise you about your rights, and provide guidance on the best possible course of action.

Navigating Disputes Over Denied Claims

Disputing a denied life insurance claim often requires a robust understanding of insurance law, precise attention to detail, and strong negotiation skills. A life insurance lawyer can be your advocate and represent you in negotiations with the insurance company, assisting you in efforts to secure the death benefit rightfully owed to you.

Why Choose Aaron Waxman and Associates, P.C.

When dealing with a denied life insurance claim, the right legal representation can make an immense difference.

Experience in Handling Life Insurance Denials

Aaron Waxman and Associates, P.C. has a wealth of experience handling life insurance denials. Our legal team understands the complexities involved in life insurance law and is committed to providing comprehensive legal assistance to help you navigate your claim successfully.

Taking the First Step Towards Resolving Your Claim

With a dedicated and experienced team of lawyers, you can confidently address your denied life insurance claim and take the necessary steps toward a resolution. Our firm is committed to guiding you through every stage of the process and tirelessly working to secure your desired solution.

If your life insurance claim has been denied and you need legal advice, don't hesitate to reach out. Contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca. Remember, your journey toward resolving your claim and securing your rights might begin with a single, crucial consultation.

Dos and Don'ts After a Car Accident: Advice from an Ontario Injury Lawyer

devops@elitedigital.ca (Dev Ops) — Mon, 22 Apr 2024 13:00:00 GMT

Introduction

A car accident is an unforeseen event that can instantly plunge us into a whirlwind of confusion, uncertainty, and stress. These incidents can happen to any of us, and being prepared can make a world of difference. Knowing the essential dos and don'ts after a car accident is crucial in ensuring you're handling the situation correctly and legally. But where can we turn to for advice we can trust? A seasoned Ontario car accident lawyer will provide invaluable guidance that can help manage these stressful circumstances.

The Essential 'Dos' After a Car Accident

Do ensure everyone is safe

The very first step after an accident is the assurance of safety. Regardless of the chaos that might follow, prioritize the well-being of all the individuals involved. Check your safety and the safety of others. If anyone is hurt, call for medical attention immediately. Remember, injuries might not always be visible or evident, so it's always better to err on the side of caution.

Do call the authorities

No matter the extent of the accident's impact, informing the police is non-negotiable; they document the accident and provide an official, unbiased account of what happened, which can be vital if you need to make a claim later. A police report becomes the official record of the event and can help clarify any disputes about the accident that may arise later.

Do collect information

Exchange important details with the other party involved. Information such as names, contact information, insurance details, and vehicle information are all pertinent. Additionally, try to collect evidence. Photographs and videos of the scene can provide a pictorial account of the incident and can be beneficial when making a claim.

The Crucial 'Don'ts' After a Car Accident

Don't leave the scene

Staying at the scene until the required protocol is followed is mandatory. Leaving an accident scene prematurely can have severe legal consequences. Ensure the necessary information is exchanged and authorities give you the go-ahead to leave.

Don't neglect medical assessment

Failing to seek medical attention after an accident can be a grave mistake. Even if you feel fine immediately after, getting a medical check-up is essential. Some injuries may not present symptoms immediately, and neglecting this step could significantly impact any potential personal injury claim.

Don't talk about the accident unnecessarily

While it's important to provide a factual account to the police, avoid discussing the accident's details unnecessarily, especially with insurance companies. Anything you say could potentially be used against you later. It's advisable to consult with a lawyer before making any detailed statements.

How Aaron Waxman and Associates, P.C. Can Help

Navigating through the aftermath of a car accident can be overwhelming. Between dealing with injuries, handling property damage, and grappling with potential legal implications, having experienced and trustworthy guidance is invaluable. With a team like Aaron Waxman and Associates, P.C., you have direct access to experienced advice and compassionate assistance. We will guide you through the claims process, advocate for your rights, and help ensure you take the necessary steps toward a fair resolution.

Conclusion

Understanding what to do and what to avoid after a car accident can significantly impact the outcome of any insurance or personal injury claims you may need to make. Fostering this awareness helps you if you've been involved in an accident and prepares you for future mishaps.

For more personalized advice and tailored assistance, don't hesitate to reach out to the team at Aaron Waxman and Associates, P.C. Our expertise can help transform a stressful situation into a manageable one, ensuring you're not alone in your journey. Contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca if you have any questions or concerns about your claim.

Navigating Long-Term Disability Claims: Insights from Ontario Disability Lawyers

devops@elitedigital.ca (Dev Ops) — Mon, 15 Apr 2024 13:00:00 GMT

Introduction

Navigating a long-term disability claim can leave you feeling like you're trapped in a maze. However, knowing the intricacies of disability claims in Ontario can be your key to successfully managing this challenging situation. Insights from experienced disability lawyers can help illuminate your path, making the process more manageable and less intimidating.

Understanding Long-Term Disability Claims in Ontario

Long-term disability (LTD) claims arise when an individual is unable to perform the essential duties of their employment due to illness or injury. A person can be considered disabled for physical, mental, neurological or emotional impairments. When you file a claim for disability benefits, you are seeking financial support from your insurance company. However, the process isn't always straightforward - understanding the specifics of your insurance policy, the definition of disability as per the policy, and the process to follow are all critical factors that could impact your claim.

Common Questions About Long-Term Disability Claims

How long will my LTD benefits last?

The duration of your benefits typically depends on your policy, your age, and the nature of your disability. Often, benefits continue until you're fit to return to work, reach age 65, or for the duration specified in your policy.

What if my claim is denied?

If your claim is denied, you should seek legal advice. Many disability claims are initially denied. experienced disability lawyers at Aaron Waxman and Associates, PC, can guide you through this process to a successful outcome.

Can I work while receiving LTD benefits?

The answer to this question depends on the specifics of your policy. Some policies may allow you to work in a limited capacity, while others may not. It's vital to consult with a disability lawyer to understand your policy's terms and your obligations.

Insights from Ontario Disability Lawyers

Document Everything

Quality documentation can strengthen your claim; this includes medical records, correspondence with your employer or insurance company, and any receipts related to your disability claim.

Seek Professional Help

Navigating LTD claims can be complex. Engaging the services of a professional disability lawyer can ensure that you're following the correct procedures, meeting all deadlines, and maximizing your chances of a successful claim.

Honesty is Crucial

Always be honest about your condition. Any discrepancies between your application and the insurance company’s investigation can lead to your claim being denied or even accusations of fraud.

How Aaron Waxman and Associates, P.C. Can Help

Dealing with long-term disability claims in Ontario can be daunting. With Aaron Waxman and Associates, P.C., you have access to professional expertise that can help guide you through the process. Our team can help explain your rights, review your insurance policy, and represent your interests.

Conclusion

Facing a long-term disability claim can be overwhelming, but understanding your rights and the claims process can mitigate much of this stress. Remember, you're not alone - help is available, and a knowledgeable disability lawyer can be your navigating beacon in this challenging process.

Please contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca if you have any questions or concerns about your case.

Know Your Rights: Free Consultation with an Employment Lawyer When You Are Wrongfully Dismissed

devops@elitedigital.ca (Dev Ops) — Mon, 01 Apr 2024 21:13:15 GMT

Introduction

Wrongful dismissal is a term that every employee wants to avoid. It's more than losing a job; it can bring about financial uncertainty, emotional stress, and many unanswered questions. However, it's crucial to know your rights in such circumstances. Understanding wrongful dismissal and Ontario's legal landscape can provide you with the knowledge to navigate this challenging situation. Consulting with an employment lawyer can offer significant benefits and make the legal process more manageable.

Understanding Wrongful Dismissal

Wrongful dismissal is when an employer terminates an employee without sufficient legal cause or providing appropriate notice or payment instead of notice. It is unlawful and can form the basis for a legal claim against the employer. Understanding the intricacies of wrongful dismissal can be complex, given the multitude of considerations involved - from employment contracts to statutory obligations; this is where the expertise of an employment lawyer becomes invaluable.

The Benefits of Legal Consultation in Ontario

Employment laws in Ontario can be complex, and having an experienced legal professional guide you can be immensely beneficial.

Advocate for Your Rights

An employment lawyer can identify if your rights have been violated and will advocate for you. They can negotiate with your former employer and, if necessary, represent you in court to ensure you get the compensation you deserve.

Understand Your Contract

Employment contracts can be filled with legal jargon that may be challenging to understand. An employment lawyer can interpret your agreement, explain your rights and responsibilities, and help identify if any terms have been breached.

Navigate Legal Processes

Filing a legal claim involves numerous steps and strict timelines, which can be challenging. An employment lawyer can guide you through this process, ensuring all necessary documents are submitted correctly and on time.

Common Mistakes to Avoid

Avoiding some common mistakes is critical while dealing with a wrongful dismissal case.

Don't Wait Too Long

Wrongful dismissal claims are time-sensitive. In Ontario, you generally have two years from the date of dismissal to make a claim. Waiting too long could lead to you losing your right to claim.

Don't Accept An Offer to Settle Without Consulting with a Lawyer

Only accept the terms of a termination package after consulting with an employment lawyer. You may be entitled to more than what's offered.

Don't Rely on Workplace Gossip

Every case is different, and relying on information from colleagues or unverified sources can lead to inaccurate expectations.

How Aaron Waxman and Associates, P.C. Can Help

Facing a wrongful dismissal can be an overwhelming experience. With a team like Aaron Waxman and Associates, P.C., you have access to experienced professionals who can guide you through the legal processes in Ontario. Our team can help explain your rights, review your package, and represent you if a claim is needed.

Conclusion

Being wrongfully dismissed from your job can leave you with many unanswered questions. But remember that you're not alone - knowledgeable help is available. Understanding your rights and the benefits of legal consultation can provide you with the necessary tools to navigate this challenging situation.

Please get in touch with Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca if you have any questions or concerns about your case.

What to Do After a Car Accident: Legal Steps and the Role of Your Injury Lawyer

devops@elitedigital.ca (Dev Ops) — Thu, 21 Mar 2024 13:00:00 GMT

Traffic accidents are distressing and can lead to tragic and complicated outcomes, especially when injuries are involved. Knowing what to do post-accident and understanding a personal injury lawyer's involvement is crucial for your physical, emotional, and financial recovery.

The Immediate Aftermath: Steps to Take Post-Accident

The immediate moments after an accident are critical; they place importance on your safety and lay the groundwork for any potential legal actions you may need to take. Your responses during this period can profoundly impact the course and outcome of your case.

Ensuring Safety and Alerting Authorities

Immediately after a car accident, your priority is safety. Check on the well-being of all parties involved, including passengers, pedestrians, and drivers of other vehicles. Move to a safe location, if you're able to do so, to avoid creating a hazard for other road users. Dial 911 to alert authorities to the accident as soon as it's safe.

Documenting the Accident

Documenting the accident is integral to the process and should not be overlooked. Capture as many details and as much information as possible to provide a clear picture of the incident for potential legal proceedings. This includes taking photos of the scene from different angles, noting the damage to each vehicle, and even the road conditions at the time. If there are witnesses, obtain their contact details and whether they are willing to provide a statement of what they saw.

Navigating Legal Steps

After the immediate response, the situation often turns towards legal and insurance matters. These steps can be complex and overwhelming, especially when you're dealing with the physical and emotional aftermath of a car accident. This is where a personal injury lawyer can offer invaluable assistance; we always recommend speaking to a personal injury lawyer before speaking with insurance companies.

Reporting to Insurance Companies

Ontario law requires you to report the accident to a collision reporting centre (if police do not complete an accident report) and your insurance company within a certain period of time. They will need a detailed account of the event, including the circumstances of the accident, the nature and extent of damage to the vehicle, and any injuries sustained by you or other parties involved.

Understanding Ontario's Accident Benefits

The province’s regulatory auto insurance system provides specific accident benefits for individuals injured in a car accident. These benefits apply regardless of who was at fault in the accident. They can cover various costs, from medical and rehabilitation care to compensation for lost income due to the inability to work. Understanding how to access these benefits is vital for your recovery process.

The Role of a Personal Injury Lawyer

Retaining a personal injury lawyer can significantly simplify the navigation of the legal process; they can help you secure fair compensation while you focus on recovery and returning to your pre-accident life.

Legal Support and Representation

A personal injury lawyer offers more than just advice. They can handle negotiations with insurance companies on your behalf, represent you in court if the case progresses to that stage, and navigate the legal maze effectively and efficiently.

Claim Evaluation and Compensation

Not all damages from a car accident are immediately apparent. A professional personal injury lawyer can help evaluate your claim accurately, considering all potential areas for compensation – including those you might overlook, such as future medical costs or emotional distress.

Why Choose Aaron Waxman and Associates, P.C.

Aaron Waxman and Associates, P.C. offers reliable and comprehensive legal representation for car accident cases. We understand that every case is unique, and our team is ready to provide personalized, competent, and empathetic support to meet your needs.

Conclusion

Navigating the legal aftermath of a car accident in Ontario can be challenging. However, with the experienced personal injury lawyers at Aaron Waxman and Associates, P.C., you can confidently traverse this intimidating legal landscape.

For any questions or concerns or to discuss your claim, don't hesitate to contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca.

Short-Term Disability in Ontario: Eligibility, Process, and Legal Insights

devops@elitedigital.ca (Dev Ops) — Thu, 14 Mar 2024 13:00:00 GMT

Navigating the complex world of short-term disability can often feel overwhelming, especially when you're juggling health challenges. In Ontario, understanding the terrain of short-term disability — including eligibility criteria, the claims process, and potential legal obstacles — can significantly simplify your journey and bring peace of mind.

Understanding Short-Term Disability in Ontario

What is Short-Term Disability?

Short-term disability benefits act as a financial lifeline, providing income support if you cannot perform the essential duties of your employment due to an illness or injury. Whether it's a sudden illness, recovery from surgery, or a mental health issue, these benefits are designed to alleviate financial pressures, allowing you to focus on your health and recovery. Think of it as a financial safety net to catch you when health issues threaten to undermine your financial well-being.

Who is Eligible?

Generally, eligibility for short-term disability in Ontario relies on two primary factors: your enrollment in a short-term disability policy and a doctor confirming your inability to perform the essential duties of your employment due to illness or injury.

However, it's essential to remember that every situation is unique and specific eligibility criteria can vary depending on the details of your coverage and the nature of your health condition. It's often wise to seek legal advice to understand your insurance policy.

The Process of Claiming Short-Term Disability

Steps to File a Claim

The journey to accessing short-term disability benefits starts with a crucial first step — obtaining a medical certificate from your doctor to verify your inability to work. This confirmation of your health condition forms the backbone of your claim.

Next, you're tasked with filling out an application form requiring detailed information about your employment history, income, and health situation. While this may seem straightforward, it's not uncommon for roadblocks to pop up during this step, making the process more complex than initially anticipated.

Timeline and Expectations

After submitting your application, you enter a period often called the "waiting game." A response about your claim status generally takes a few weeks. This period of anticipation can be nerve-wracking and filled with uncertainty.

During this time, it's crucial to continue managing your health, keeping track of your medical appointments, and documenting any changes in your health condition. These details could be substantial if your claim is contested or delayed.

Legal Insights into Short-Term Disability Claims

Common Challenges and Resolutions

Navigating the world of short-term disability claims isn't always smooth sailing. Challenges such as claim denials or delayed responses are common experiences that can cause frustration and financial hardship to those awaiting a decision. But it's important to remember that a denied short-term disability claim isn't the end of the process. If your claim is denied, contacting a lawyer as soon as possible is important to discuss legal strategies.

How Aaron Waxman and Associates, P.C. Can Help

At Aaron Waxman and Associates, P.C., we're committed to guiding our clients through the complex terrain of their short-term disability claims. Our team understands the intricacies of the process, offering sound legal advice and careful case handling.

While we can't predict the outcome of your claim or promise instant results, we commit to providing robust representation and advocacy. We stand by your side, fighting for your rights and working diligently to secure the benefits you need and deserve.

Conclusion

The journey through a short-term disability claim doesn't have to be a solo trek. With the right help and guidance, you can confidently navigate the process.

If you have any questions or concerns about your claim, don't hesitate to reach out. Contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca. Your journey to securing short-term disability benefits could start with just one conversation. So why wait? Call Aaron at 416-661-4878 ext. 222 to discuss your situation.

The Value of Legal Advice: Understanding the Value of a Free Consultation with an Employment Lawyer

devops@elitedigital.ca (Dev Ops) — Mon, 04 Mar 2024 15:32:38 GMT

In the rapidly changing world of employment law, the assistance of a skilled lawyer can be crucial to help you understand your legal rights; navigating the legal system with the proper legal guidance can make the experiences less intimidating and more rewarding.

The Intricate Landscape of Employment Law

Employment law is complex, encompassing various facets of an employer-employee relationship, each carrying its own rules and regulations.

Navigating the Legal Jargon

Navigating through the legal jargon specific to employment law can be overwhelming. Terms such as wrongful termination, constructive dismissal, sexual harassment or workplace harassment have specific legal meanings and implications. Interpreting these correctly and understanding how they apply to your situation is integral to your case; this is where an employment lawyer can provide much-needed clarity and guidance.

Dealing with Employment Disputes

Employment disputes can range from disagreements over contract terms to allegations of inappropriate conduct. These situations can be stressful and may leave you feeling overwhelmed. Knowing your rights as an employee is crucial; an employment lawyer can help you understand these rights and devise a strategy to uphold them.

The Importance of a Free Consultation

A free consultation with an employment lawyer holds immense value. These consultations lay the groundwork for the legal journey, offering a setting to ask questions, seek advice, and plan the way forward.

Gaining Personalized Guidance

Every case is unique, and the one-size-fits-all approach seldom works in legal matters. A free consultation allows you to receive personalized advice tailored to your situation. It's a chance to discuss your concerns, ask questions, understand your legal position, and evaluate your options moving forward.

Planning Your Legal Strategy

The free consultation also serves as a brainstorming session where you and an employment lawyer can discuss various legal strategies. You'll review the specifics of your case, discuss potential scenarios, and receive advice outlining the best course of action. A well-planned strategy can significantly enhance the chances of a successful outcome.

Why Choose Aaron Waxman and Associates, P.C.

When facing employment disputes, your choice of legal representation can make all the difference.

Providing Comprehensive Legal Assistance

At Aaron Waxman and Associates, P.C., we understand the intricacies of employment law. Our team is committed to providing comprehensive legal assistance to our clients, starting with a free consultation. We aim to help you comprehend the landscape, guide you through the complexities of your case, and work relentlessly toward a successful resolution.

Taking the First Step Towards Justice

Embarking on a legal journey can feel overwhelming, but with the right support, it doesn't have to be. With a dedicated legal team, you can confidently approach your employment disputes and take definitive steps towards securing the best possible outcome.

Conclusion

A free legal consultation is so much more than an informal chat. It's a stepping-stone to resolving your legal dispute. For any questions or concerns about your employment-related matter, contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca.

Common Misconceptions About Long-Term Disability Benefits in Ontario

devops@elitedigital.ca (Dev Ops) — Thu, 25 Jan 2024 18:45:19 GMT

Introduction

Navigating the complex world of long-term disability benefits (LTD) can be overwhelming, as it is an area of insurance law that contains a lot of misconceptions. From defining what constitutes a disability to understanding the process of qualifying for benefits, several myths need to be clarified; that’s what we aim to do.

Understanding Short-Term Disability (STD) and Long-Term Disability (LTD) Benefits in Ontario

STD and LTD benefits are mostly offered through an employer’s group insurance plan. They are, in essence, a financial safety net designed to assist individuals unable to engage in gainful employment due to a disability. However, one common area of confusion revolves around what is considered a disability for these benefits.

Misconception 1: Only physical conditions qualify

Contrary to what many believe, qualifying for disability benefits isn't exclusive to those with physical conditions. There are a variety of conditions that may qualify for disability benefits, which include psychological or mental health disorders, emotional disorders, neurological conditions and other degenerative disorders. As long as these conditions substantially hinder your ability to perform the essential duties of your employment, you may be eligible for STD or LTD benefits.

Misconception 2: You cannot attempt to return to work if you are claiming LTD benefits

Claiming Disability Benefits and Returning to Work

Another common myth is the belief that you can't work if you are receiving disability benefits; this isn’t necessarily the case. If you and your doctor believe you can return to work, you should contact the insurance company to advise them that you are trying to return to work. Moreover, you should inform the disability insurer of any and all income you receive during your return to work. It is highly recommended that you consult with a lawyer before returning to work to understand the fine print of your disability insurance policy.

Misconception 3: Approval is guaranteed if you have a disability

It's a common misconception that having a disability automatically guarantees approval of disability benefits. Although being unable to work due to illness or injury is a prerequisite to claiming STD or LTD benefits, it does not guarantee that the insurance company will agree that you cannot work. The process of qualifying for benefits involves a thorough consideration of various factors. These factors may include the overall severity of your disability, its impact on your daily life, and, most importantly, how it affects your ability to perform the essential duties of your occupation. It’s crucial to have proper documentation and evidence to support your claims, such as medical records and physician statements, to establish the validity and extent of your disability.

Misconception 4: Disability benefits are easy to access

The role of a lawyer

Accessing disability benefits is often not as straightforward as it might seem. Due to the complex nature of the application process, many claimants face significant challenges, leading to unnecessary delays or even outright denials. Coupled with the stress of dealing with a disability, these challenges can make the process feel incredibly daunting.

This is where the expertise of a lawyer can prove invaluable. The lawyers at Aaron Waxman and Associates, P.C. can provide the necessary guidance and assistance. We can advise you on the intricacies of the claim process, provide assistance in gathering crucial evidence, guide you through potential appeal processes, and help ensure your rights are adequately protected.

Conclusion

Navigating the world of disability benefits can be daunting, especially when misconceptions shape our understanding. It's essential to remember that every disability case is unique and requires individual assessment and understanding.

Do you need professional guidance to understand your rights better and seamlessly navigate the benefits process? Our team is ready to assist you on this journey. By debunking common misconceptions and providing clear, accurate information, we strive to clarify your disability benefits claims and ensure you receive the support you need.

Don't hesitate to contact Aaron at 416-661-4878 ext. 222 or awaxman@awaxmanlaw.ca if you have any questions or concerns about your claim.

Navigating Workplace Challenges: When to Consult an Employment Lawyer in Toronto

devops@elitedigital.ca (Dev Ops) — Fri, 05 Jan 2024 21:10:44 GMT

Understanding Workplace Challenges

In the dynamic, fast-paced realm of employment, it's not uncommon to encounter various hurdles. Challenges can range from contract disputes, sexual harassment, discrimination, or even wrongful dismissal. These situations can leave you feeling overwhelmed and seeking guidance on the next steps; this is where the expertise of a seasoned Toronto employment lawyer becomes invaluable.

The Role of an Employment Lawyer

Employment lawyers like those at Aaron Waxman and Associates, P.C. play a crucial role in helping you navigate the complex labyrinth of employment laws. They work diligently to ensure that your rights are protected to steer you through the intricacies of these situations. But when exactly should you turn to an employment lawyer?

When Do You Need an Employment Lawyer?

An employment lawyer's assistance becomes critical under various circumstances. For example, are you facing discrimination in the workplace? Have you been wrongfully dismissed? Are you dealing with contract disputes, sexual harassment, or unfair treatment? If any of these scenarios seem familiar, consulting with an employment lawyer should be your next course of action.

Unraveling Workplace Challenges

Wrongful Termination

One of the most distressing experiences in the workplace can be wrongful dismissal. It can blindside you, leaving you feeling both helpless and unjustly treated. Imagine dedicating years to a company, only to be abruptly let go without a valid reason or, worse, based on false accusations. Choosing the right employment lawyer is critical in understanding your rights, exploring potential legal remedies, and working towards a resolution that safeguards your interests.

Discrimination

The workplace should be a safe space free from discrimination and sexual harassment. Regrettably, instances of discrimination based on race, gender, age, disability, or other attributes are more common than we'd like to acknowledge. Getting legal assistance is crucial if you believe you're being discriminated against at work. Employment lawyers can help you identify if your experiences qualify as discrimination or sexual harassment under Ontario law.

Contract Disputes

Contracts are integral to employment and outline your responsibilities, rights, remuneration, and more. But what happens when there's a dispute about the terms of your contract, or worse, a breach of contract by your employer? Navigating this complicated legal terrain can be challenging for any person. An employment lawyer can assist you in understanding the contractual terms, identifying potential breaches, and advising on the best course of action to protect your rights.

Unfair Treatment

Unfair treatment at work can take various forms – it could be a result of favouritism, biased decision-making, or even harassment. Enduring such experiences can be demoralizing and detrimental to your career growth and to your mental health. Realizing that you're subject to unfair treatment can be the first step toward resolution. An employment lawyer can help articulate your experiences from a legal standpoint, address allegations of unfair treatment, and assist you in seeking justice.

Choosing the Right Employment Lawyer

Selecting the right law firm is critical in resolving workplace disputes. Aaron Waxman and Associates, P.C. stands out among Toronto employment lawyers in this regard; we are your trusted ally, ready to guide you through these challenging times.

Conclusion

Workplace disputes can be challenging and stressful. With the right guidance, these hurdles can be overcome with relative ease. Don't navigate the complexities of employment law alone. Consult with the lawyers at Aaron Waxman and Associates, P.C. for legal advice. Let Aaron’s team guide you through these tumultuous waters, ensuring a smoother journey towards a successful resolution.

How To Find the Right Car Accident Lawyer

devops@elitedigital.ca (Dev Ops) — Fri, 01 Dec 2023 19:00:03 GMT

Car accidents can be overwhelming; they can lead to physical injuries, emotional distress, and financial burdens. Finding the right car accident lawyer to handle your case is crucial for a successful outcome. This article will guide you through the process of selecting a skilled and reliable car accident lawyer, ensuring you receive the legal representation you deserve at a time where you need it most.

Understanding the Importance of a Car Accident Lawyer

First, it’s important to know that car accident lawyers handle cases related to personal injuries and property damages caused by automobile accidents; their expertise in this field enables them to navigate through complex legal procedures, negotiate with insurance companies, and fight for fair compensation on behalf of their clients.

Factors to Consider when Choosing a Car Accident Lawyer

Experience:

You should seek a lawyer who has extensive experience in handling car accident cases specifically. Their knowledge and understanding of the legal system can significantly impact the outcome of your case.

Expertise:

Ensure the lawyer has experience in personal injury law, particularly when related to car accidents. Their specific expertise will provide you with tailored guidance and representation, and will help increase the likelihood of a successful outcome to your case.

Reputation:

Steps to Find the Right Car Accident Lawyer

Gather recommendations:

Seek referrals from friends, family, or trusted professionals who have had positive experiences with car accident lawyers.

Research online:

Utilize search engines and legal directories to find reputable car accident lawyers in your area.

Review websites and portfolios:

Explore the websites and portfolios of potential lawyers to understand their areas of expertise, past cases, and client testimonials.

Check local bar associations:

Consult local bar associations to verify the lawyer's credentials and any disciplinary actions taken against them.

Questions to Ask during the Initial Consultation

Experience and success rate:

Inquire about the lawyer's experience handling cases similar to yours and their success rate in achieving favorable outcomes; this will help give you an idea of what to expect from your own case.

Legal strategy:

Discuss the lawyer's proposed strategy for your case and how they plan to maximize your chances of success.

Communication and availability:

Determine how accessible the lawyer will be throughout the process and how frequently you can expect updates on your case.

Evaluating the Expertise and Experience

When assessing potential car accident lawyers, consider their skills, qualifications, and relevant experience using a few key points:

Look for lawyers who have successfully handled cases similar to yours, demonstrating their ability to navigate complex legal situations.
Consider the lawyer's track record in negotiating with insurance companies and securing fair compensation for their clients.
Check whether they have a strong understanding of local traffic laws and regulations.

Assessing Communication Skills

Effective communication between you and your car accident lawyer is crucial for building a strong case and ensuring your voice is heard. Look for the following traits:

Clear and concise communication style, explaining legal concepts in understandable terms.
Prompt and reliable responsiveness to your queries and concerns.
Active listening skills to understand your unique situation and goals.

Checking Reviews and Testimonials

To gain further insights into a car accident lawyer's reputation and credibility, consider the following steps:

Read online reviews and testimonials from previous clients to gauge their satisfaction with the lawyer's services.
Check if the lawyer has received any recognition or awards within the legal community, showcasing their expertise.
Seek personal recommendations from friends or family members who have worked with a car accident lawyer before.

The Benefits of Hiring Aaron Waxman and Associates

When it comes to car accident cases, Aaron Waxman and Associates stands out as a reputable and experienced law firm. Our team of dedicated car accident lawyers understands the complexities of such cases and possesses a proven track record of successful outcomes. By choosing our services, you can benefit from:

Personalized attention and tailored legal strategies.
Extensive experience in handling car accident cases.
Strong negotiation skills to advocate for fair compensation.
Transparent communication and accessibility throughout the legal process.

Conclusion

Finding the right car accident lawyer is essential to protect your rights and secure fair compensation for your injuries and damages. By considering factors like experience, expertise, reputation, and communication skills, you can make an informed decision. Remember, Aaron Waxman and Associates is here to offer you reliable, compassionate, and skillful legal representation for your car accident case. Don't hesitate to reach out and let us handle your legal concerns, giving you peace of mind during this challenging time.

Top 5 Tips To Hire The Right Employment Lawyer in Toronto

devops@elitedigital.ca (Dev Ops) — Thu, 16 Nov 2023 16:31:49 GMT

Are you looking to hire an employment lawyer in Toronto? Finding the right legal expert for your case can be a complex task. Here are five key steps to help guide you.

1. Take Time To Understand Your Legal Needs

The field of employment law is comprehensive, covering a range of issues from wrongful dismissals to workplace harassment. Understanding your specific legal requirements is the first trusty step to finding the right legal representative for your case.

Is it a contract dispute? Or perhaps, a case of discrimination? Having a clear understanding of your specific needs can help direct your search to the lawyer best equipped to handle your case.

2. Use The Power of Research

Use Online Reviews

In today's digital age, the internet can serve as a powerful tool in finding a suitable lawyer. Online reviews can provide a snapshot of past client experiences with the lawyer in question, offering insights into their credibility, reliability, and communication style.

Utilize Personal Referrals

Personal referrals can also significantly assist in your search. If you know someone who’s sought the services of an employment lawyer before, their recommendation and insight could prove valuable.

3. Evaluate Their Experience and Expertise

Relevant Field of Practice

Make sure to scrutinize the lawyer's experience and expertise in employment law. A lawyer who focuses on employment law will be up-to-date on the latest changes in legislation, case law, and court procedures, which can be particularly beneficial for your case.

Previous Case Success

Also, don’t shy away from asking about their past cases. A lawyer's track record can give you a sense of their competence and approach towards cases similar to yours.

4. Gauge Their Communication Skills

Benefit from an Employment Lawyer Free Consultation

An initial free consultation, which many law firms including Aaron Waxman and Associates offer, can provide a suitable platform to assess the lawyer's communication skills. They should be able to explain complex legal jargon to you in plain English, ensuring you completely understand your legal position.

5. Assess the Cost Transparency

Legal services can be costly, so it's important to discuss the cost component right at the beginning. Ensure the lawyer is transparent about their fee structure, so there are no surprises down the line.

Conclusion

Finding the right employment lawyer in Toronto is no small task. It involves careful consideration of your unique legal needs, diligent research, critical evaluation of a lawyer's experience and expertise, and clear communication about costs. But remember, with a skilled and supportive lawyer by your side, you're well-equipped to put forth a strong case.

If you're unsure where to start, feel free to reach out to us at Aaron Waxman and Associates for a free consultation. We're here to help, offering guidance as you navigate your legal journey.

Helpful Guide For Motorcycle Accident Claims

devops@elitedigital.ca (Dev Ops) — Wed, 24 May 2023 19:17:19 GMT

Our law firm handles various types of personal injury and disability matters, including assisting those who have been injured as a result of a motorcycle collision.

We understand that after an accident, you may be going through a difficult time and be looking for answers or guidance for your next steps.

What should I do if I’ve been involved in a motorcycle collision?

If you are injured as a result of a collision, you may be wondering what to do next. As an injured person, it is important to know your rights and obligations.

Here are some suggested tips:

At the scene of the accident, if you can, make sure to get the other driver’s contact information, complete insurance information including the insurance company, policy holder’s name and policy number.
Call the police. The Ontario Highway Traffic Act requires that all collisions where persons are injured, or there’s a combined damage valued at more than $2,000 to vehicles or property must be reported to the police as soon as possible. If the police come to the site if the accident, you will be able to obtain a partial motor vehicle accident report or a form with the details of your accident, which is an important document that your lawyer will require. If the police do not come to the scene, go to the nearest collision centre so your accident is documented in the same manner.
If you can, take pictures of both your motorcycle and the vehicle that hit you to show the damage.
Write down what happened so you have a proper account of the accident when you meet with a lawyer or for reporting your accident to your insurance company.
If there were any witnesses, obtain their contact information.
Seek medical attention as soon as possible. Of course, for serious injuries this is a priority! An ambulance may attend the scene of the accident and take you to the nearest hospital. You should also see your family doctor as soon as possible if you can.
As soon as you can, contact your insurer to report the accident and so that they can send you an application to apply for accident benefits. Accident benefits include income replacement benefits and medical and rehabilitation benefits. These forms may seem confusing and overwhelming, but when you hire a lawyer, they will be able to explain them to you and how to complete them.
Make a list of and keep track of all your doctors and treatment providers as this information is important for your lawyer to have.
Keep track of any expenses you have that are “out of pocket”. This type of expense refers to expenses that are not covered by your insurance company.
Contact an experienced lawyer who handles personal injury claims so you can become informed of your rights and obligations as an insured person and so you do not miss any important limitation periods.

What kind of injuries might occur as a result of a motorcycle accident?

A motorcycle collision can result in various types of injuries, including concussion, brain injuries, fractures, spinal cord injuries and fatality. Consider that motorcyclists do not have airbags or the frame of a car or truck to protect them. Injuries caused by accidents can be severe and life-threatening.

According to the Road Safety In Canada 2020 report from Transport Canada, motorcyclists fall into the category of “vulnerable road users” as “they are vulnerable by virtue of their lack of protection if struck by a vehicle”. In total, vulnerable road users equate to approximately 30% of traffic fatalities in Canada, with motorcyclists making up for 11% of this number.

According to the Canadian Motor Vehicle Traffic Collision Statistics , in 2021 there were 232 motorcyclist fatalities (13.1% of all road fatalities) and 13.9% of road users who were seriously injured were motorcyclists.

What happens if I am injured?

A motorcyclist must be properly licensed and carry proper insurance in Ontario. When injured as a result of a collision, you can make a claim for Statutory Accident Benefits through your own insurance company and you can start a lawsuit against the at-fault party (known as a tort claim) if there was an at-fault party.

Accident benefits can include income replacement benefits if you are unable to return to work, medical and rehabilitation benefits to cover the cost of treatment and in cases where injuries are severe, attendant care. For more about accident benefits, click here .

When you make a tort claim , you may be entitled to compensation for lost wages, future income loss, out of pocket expenses, future medical expenses and pain and suffering.

Why should I contact a Lawyer?

Navigating the world of accident benefits can be confusing and you may find dealing with the insurance company stressful. An experienced personal injury lawyer can help you to understand your rights and obligations as an insured person and help you when benefits are denied.

A lawyer can also help you to put the at-fault party “on notice” that you intend to commence a legal action against them and help you to build your case.

When you hire a lawyer, you no longer have to deal with the insurance company directly as your lawyer will communicate with them on your behalf.

A lawyer will make sure you understand all the limitation periods (deadlines) that apply and what your responsibilities are during your claims/lawsuit.

Your lawyer can also help you if you have group disability coverage and your short-term or long-term disability claim is denied. As with accident benefits, your lawyer will communicate with the insurer for you which can make life less stressful for you.

Staying Safe

It is important that we all share the road in a safe manner. It is always important to consider your safety (and the safety of others) as a road user, regardless of what type of vehicle you drive, whether it is a car, bicycle or motorcycle. How you drive your vehicle matters and affects the safety of others.

Here are some safety tips for motorcyclists we felt were important to share:

Buy Wisely

Make sure you can handle your motorcycle. According to an article by Consumer Reports , today’s motorcycles are more powerful and faster compared to the bikes of 10-20 years ago.

Learn How To Ride

Attend a training program before you start to ride long distances or ride with passengers. The Canada Safety Council recommends doing so.

Pay Attention

Never operate or ride a motorcycle while distracted or impaired (whether from drugs or alcohol). Texting while operating a motorcycle is dangerous! Enough said. Anything that can impact on your ability to focus and drive can endanger your life and the lives of others on the road.

Protect Yourself

Always wear a helmet and other protective gear including proper clothing, eyewear and closed-toe footwear. The article from Consumer Reports explains that leather is the best choice (even in summer) and provides tips on what types of clothing to buy. A helmet can prevent serious head injuries.

Remember To Signal

Use hand and turn signals whenever possible, while riding, so other road users know your intentions.

Be Visible

Ride in the middle of the line so you are most visible to other drivers. The idea is to share the road, but you don’t need to share the line and drive side by side.

Be Bright

Have an item of reflective clothing so that drivers will see you, especially at night.

Remain Vigilant

Scan the road for any potential debris (e.g. branches, rocks, garbage) or potholes. Wearing proper clothing will also protect you from debris.

Don't Speed

Just because your motorcycle can go very fast, doesn’t mean you should drive it at racing speeds. You need to be able to stop properly (especially in wet weather, or in traffic). This is also why it is recommended that you invest in a good set of brakes and check your brakes on a regular basis.

Use Your Lights

Keep your headlights and taillights on during rainy weather, at night and at dusk.

Keep Your Distance

According to the Canada Safety Council, you should leave a generous following distance between you and the vehicle in front of you. Leave adequate space when following, being followed and sharing the lane, passing other vehicles etc.

Distracted Driving Laws in Ontario: What You Need to Know

devops@elitedigital.ca (Dev Ops) — Tue, 02 May 2023 14:25:59 GMT

Distracted driving is a safety issue that affects all Canadians. It is a national concern. All of Canada’s provinces, as well as the Yukon and Northwest Territories have some form of distracted driving legislation in place.

Important Statistics

Data collected by the Government of Ontario found that

Every 30 minutes, one person is injured in a collision caused by distracted driving
A driver using a phone while driving is 4 times more likely to crash than a driver focused on the road

CAA’s Distracted Driving website provides the following information

Drivers involved in visual-manual interactions with mobile phones (i.e. texting) are up to 8x as likely to be involved in a crash. (AAA Foundation for Traffic Safety, 2017).
When you check a text for 5 seconds and are travelling at 90km/h, it’s like travelling the length of a football field blindfolded.
Approximately 26% of all car accidents involve use of a phone, including hands-free phone use. (National Safety Council).
It is estimated that drivers using phones look at but fail to see up to 50% of the information in their driving environment. (National Safety Council, 2012).
Drivers speaking on mobile devices, either hands-free or hand-held are up to 4x as likely to be involved in a crash. (AAA Foundation for Traffic Safety, 2017).
80% of collisions and 65% of near crashes have some form of driver inattention as contributing factors. (National Highway Traffic Safety Administration, 2010).
Driver distraction is a factor in about 4,000,000 motor vehicle crashes in North America each year. (RCMP, 2014).
10% of fatal crashes, 18% of injury crashes, and 16% of all police-reported motor vehicle traffic crashes were distraction-affected crashes. (National Highway Safety Administration, 2015).

What Counts as Distracted Driving?

Driving distractions are activities or anything that take your eyes off the road, your hands off the wheel or your mind off the task of driving.

Symptoms can include, and are not limited to (courtesy of CanLyme)

Operating a hand-held communication and/or electronic entertainment device while driving such as:

Cell Phones/Blackberries/Smart Phones
iPods/MP3 players
GPS
iPads/Tablets
E-readers
Laptops
DVD Players
Viewing display screens unrelated to your driving.

If you are the one behind the wheel, these activities are considered distractions, whether you are stopped, in traffic or on a highway.

Consider the following statistics in terms of likeliness of being involved in an accident while engaged in one of the following activities

23 times more likely while text messaging on a cell phone
4-5 times more likely while talking on a cell phone
3 times more likely while reading
3 times more likely while applying makeup
9 times more likely while reaching for a moving object
3 times more likely while dialing a number on a hand-held device
1-3 times more likely while talking or listening on a hand-held device

Ontario Laws on Distracted Driving

In Ontario, it is against the law to use hand-held communication and electronic entertainment devices while driving. These include phones, iPods, iPads, Tablets, DVD players, e-readers. Even holding your phone or other device while driving is against the law.

In today’s world of ever evolving technology, and wearable technology, devices such as Apple watches and other smart watches could also be considered distracting devices. In a recent court case concerning a distracted driving charge, an Apple Watch was referred to as “a cellphone taped to someone’s wrist”, due to its multi-functionality and ability to pair with a mobile device.

The set fine for distracted driving in Ontario is now $615 (including a victim surcharge fine and court fees), and drivers who receive a summons/contest their ticket in court may face a fine of up to $1,000 for a first time offence. If convicted of distracted driving, the driver will receive 3 demerit points and a 3-day licence suspension.

Penalties for Distracted Driving:

For fully licensed drivers

1st conviction – a fine up to $1000, 3 demerit points, a 3-day driver’s licence suspension
2nd conviction – fine up to $2000, 6 demerit points, 7-day driver’s licence suspension
3rd and all subsequent convictions – a fine up to $3000, 6 demerit points, 30-day driver’s licence suspension

For novice drivers

1st conviction – fine up to $1000 and 30-day licence suspension
2nd conviction – fine up to $2000 and 90-day licence suspension
Third and all subsequent convictions – fine up to $3000 and cancellation of your licence and removal from the Graduated Licensing System

Tips to Avoid Distracted Driving

If you find yourself tempted to check your phone – keep it in the glove box so it won’t be easily accessible. Some other helpful tips:

Leave the makeup/comb at home

Don’t put on makeup, perfume, comb your hair or groom in your car. It is dangerous to take your eyes off of the road and hands off the wheel.

Don’t leave loose items on your seats

Put items you don’t need in your trunk, in a bag, in your glove compartment, or somewhere where they won’t fall and interfere with your ability to drive.

Don’t rush to your destination

Give yourself plenty of time to get to your appointment, meeting, class, to work etc.

Know where you are going

If you are traveling to a location you have never been to before, make sure you set your GPS (one that is either built in or mounted on the car’s dash, and reads the directions to you) before you leave.

Set your radio/music in advance

If you enjoy listening to music, put your MP3/iPod playlist on before you start driving, or if you like a particular station, turn it on before you start driving, so you don’t have to turn radio tuning knobs while driving or search for playlists while driving.

Curb your appetite

Before you start your journey, take a moment to satisfy your appetite. Enjoy your food and drinks before getting behind the wheel to avoid distractions. Keeping both hands on the wheel and your focus on driving helps to ensure the safety of yourself and others. Avoid eating things such as a sandwich, box of sushi, or fries while operating your vehicle. Let's prioritize the safety of all road users and maintain a distraction-free driving environment.

Use Bluetooth

If your car has Bluetooth technology, pair your smartphone with it in order to answer phone calls in “hands-free” mode. Otherwise, do not answer your phone while driving and take advantage of the voicemail feature. Stop at a safe location or wait until you get to your destination to make a phone call.

Save the cigarette for later

Smoking in your car is another distraction as it takes your hands off of the steering wheel.

The texts & emails can wait

If you are in the middle of a text message conversation (or email exchange), before you start driving, put a pause on the conversation so you can drive safely, or put your phone in silent so you won’t be tempted to look at it while driving. Same for emails.

What Should I Do if I am Involved in A Car Accident?

If you are the victim of a motor vehicle accident , whether you are a driver, passenger, cyclist, or pedestrian, you should consider speaking with a lawyer to determine what your rights are as an injured person. Your lawyer can explain what types of benefits and compensation you are entitled to when it comes to an accident benefits claim and a third-party claim (against the at-fault party).

It is important that you seek medical attention as soon as possible after the accident. You should also, if possible, obtain the names of any witnesses and any information you can about the driver/other parties involved. Try to write down how the accident happened and any other details if you can. Keep track of any damaged items including clothing. Contact your insurance company to advise them of the accident.

What Do I Bring to An Initial Consultation?

When you first meet with your lawyer, it is important you bring any documentation that is related to the accident including any partial motor vehicle accident report a police officer gave you or a collision centre report if you went to one.

If you have already completed your application for accident benefits , you should provide any correspondence you receive from your insurance company to your lawyer and copies of any documents you have sent the insurance company. If you have a full copy of your insurance policy, you should bring this with you. Your lawyer will need to know who your insurance company is and your policy number.

Your lawyer will need to request medical documentation and will need to know who your doctors and treatment providers are. If you have business cards for your doctors/treatment providers, bring them so your lawyer can easily obtain this information.

Our lawyers have helped clients who have sustained injuries as a result of car accidents. If you have been injured as a result of a car accident, contact Aaron Waxman and Associates to arrange a free initial consultation at a date and time that is convenient for you.

Sexual Harassment In The Workplace

devops@elitedigital.ca (Dev Ops) — Sat, 21 Jan 2023 22:18:57 GMT

Listen to this blog post

Sexual harassment in the workplace can be a very traumatic and stressful experience. No one should ever have to endure harassment of any kind at work, especially of a

sexual nature. If it occurs, it is essential to report it immediately to human resources or the appropriate department in your workplace.

It is also important to seek legal advice from a competent lawyer as sexual harassment in the workplace is a legal matter. A knowledgeable lawyer can inform you of your legal rights as an employee and help you to take the necessary steps against your workplace.

Don't wait.

Get a free consultation.

What is sexual harassment?

The Ontario Human Rights Commission defines sexual harassment as a form of discrimination based on sex, which includes, among other things, unwanted sexual advances, requests for sexual favors and spreading sexual rumors. It can also be in the form of bullying, hostility or rejection of a sexual nature, Negative comments about women, men, or people in the LGBTQ2S+ community are also considered sexual harassment.

What does sexual harassment look like?

Sexual harassment can take many forms and occur in various situations. It can come from anyone, regardless of gender or relationship with the victim, such as a supervisor, manager, colleague or peer. The victim’s employment can be affected, causing a decline in work performance or leading to physical or emotional harm.

Examples of sexual harassment include:

Signs of Sexual Harassment at Work

It can be very difficult for some employees to recognize sexual harassment, as it can come in many forms and what may seem like harmless behaviour can quickly turn uncomfortable. Some people may not even realize they are being sexually harassed as they are not aware of what constitutes sexual harassment.

Here are some signs that you may be experiencing sexual harassment at work:

Jokes or comments about your sexuality or gender
Quid Pro Quo – where a person in a position of power requests sexual favors from a subordinate
Pressure to “just go along”
Fear of consequences for speaking up

Jokes or Comments About Your Sexuality or Gender

Even if it’s not directly sexualizing you or if the person isn’t pursuing you, they can still sexually harass you through jokes or comments. These could be about your sexuality, sexual experience, gender identity or gender expression. This can be in person, online, through text messages or over the phone.

Quid Pro Quo

When sexual harassment occurs between two people of different power within the workplace (such as a supervisor and manager), it can be a quid pro quo scenario, which means “something in return for something”. It usually happens when a person of greater power requests sexual favours from a subordinate.

In this situation, favours can range from going out for drinks to having sexual relations. The implication is that something is done in return, like a promotion, often being allowed to leave work early or a raise.

Pressure to “Just Go Along”

Sexual harassment is not always intentional. However, if you ask the person to stop the behaviour and they don’t, then it’s considered to be sexual harassment, even if they say they are just “messing around”. This is one of the biggest factors in sexual harassment; when the behaviour or attention is unwanted.

Speaking Up Could Have Consequences

If you are uncomfortable about someone’s behaviour, but you feel like speaking up could have consequences, you are definitely being sexually harassed. The consequences could include losing your job, being demoted or being demeaned.

How to Report Sexual Harassment

If you are not satisfied with your employer’s response to the harassment or if your employer does not take action, you can file a claim under the Occupational Health and Safety Act (OHSA), an application with the Human Right Tribunal of Ontario (HRTO) or file a lawsuit again the employer.

Further action

If you are not satisfied with the actions your employer has taken to stop the sexual harassment or your employer has not resolved the situation, you can file a human rights claim under the Occupational Health and Safety Act (OHSA). You can also file an application with the Human Rights Tribunal of Ontario (HRTO).

Hiring a lawyer

A lawyer can help you with the process and represent you if your complaint is not resolved by your employer or if are not satisfied with the outcome.

If you experience sexual harassment in the workplace, your employer might be legally responsible if they failed to address or resolve the issue. If the workplace culture ignores sexual harassment, you may have grounds for further legal action even if the harasser was punished by the employer.

Answers to commonly asked questions

If you have experienced sexual harassment in the workplace, it is important to seek legal advice as soon as possible. The lawyers at Aaron Waxman and Associates offer a free initial consultation to discuss your claim.

5 Halloween Safety Tips for Trick-or-Treaters and Drivers

devops@elitedigital.ca (Dev Ops) — Mon, 31 Oct 2022 17:39:47 GMT

October is a month for many awareness events, but October 31st is a day that all kids (and some adults) look forward to- Halloween! We hope you enjoy your Halloween festivities and trick-or-treating!

October has brought with it sunshine, rain, gusts of wind and cooler temperatures. Halloween may bring cool weather and rain to your area, so it is important to take some extra precautions when trick-or-treating and when driving through residential areas on your way home.

Our blog post will discuss:

Scary statistics
5 safety tips for trick-or-treaters
5 safety tips for drivers.

The scary statistics

Regardless of what time you are on the road, and of the weather, there are certain safety recommendations that you should bear in mind when it comes to ensuring the safety of all road users, including trick-or-treaters.

According to a recent study from the University of British Colombia (UBC), Halloween is the deadliest night for pedestrians. Researchers compared data from 1975 to 2016. They found the most dangerous times were between 5pm and 8pm.

Important study findings include:

Pedestrians have a 43% greater risk of being fatally struck by a car on Halloween (compared to a regular fall night).
Children are at the highest risk of being struck by a vehicle.
Children aged 4 to 8 are at the highest risk and are 10 times more likely to be killed by vehicles than on another night.
On average, Halloween resulted in 4 additional pedestrian deaths every year with almost all the victims being children or young adults.

Safety tips for trick-or-treaters (and their parents)

Make Yourself Seen

Costumes should be light coloured or have reflective patches or make use of reflective paint (and consider putting reflective tape or paint on accessories too).

Be careful of costume length

Make sure that your kids can walk in their costumes without tripping or falling.

Paint It

Use face paint in place of a mask or something that obstructs the eyes/line of vision.

Cross Safely

Cross the street in well-lit areas and at marked intersections where possible.

Lights, Lights, Lights

Carry a flashlight and stay in well-lit areas where possible.

Safety tips for drivers

Slow Down

Halloween = Increased pedestrian traffic, so slow down. Do not speed in residential areas, drive slowly, don’t be in a hurry (even though it may be “rush hour”).

BOLO

Be on the lookout for children and other pedestrians crossing the street (or the road) in residential areas, as they may not be crossing at intersections.

Be Patient

Expect large groups of people to be crossing; be patient and let them finish crossing before proceeding through an intersection.

Look out

Watch out for signs of moving objects like debris, or it could just be people or kids in dark costumes.

No distractions

Keep your distractions to a minimum, put your phone in silent, and your handheld devices away so you are not tempted to look at them. Don’t drive distracted!

Happy Halloween from Aaron Waxman and Associates!

It’s Time for Mental Health Awareness!

devops@elitedigital.ca (Dev Ops) — Tue, 20 Sep 2022 01:45:11 GMT

October is a busy month for mental health awareness campaigns in Canada. October is Healthy Workplace Month , October 2-8 2022 is Mental Illness Awareness Week and October 10, 2022 is World Mental Health Day . #WorldMentalHealthDay

These are three important initiatives because one of the driving forces of mental health awareness and mental illness awareness campaigns is to reduce stigma.

It is known that 1 in 5 Canadians will experience a mental illness in their lifetime and that stigma often prevents people from seeking treatment. Stigmatizing mental health and discrimination prevents people from seeking treatment and getting help.

According to the Canadian Medical Association , 2 out of 3 people suffer in silence due to fear of judgment and rejection and only 49% of Canadians said they would associate with a friend who has a serious mental illness.

This blog will discuss:

Healthy Workplace Month
Mental Illness Awareness Week
World Mental Health Day
Mental Illness and Disability Claims

These awareness events are also important during the challenging times we continue to face as a result of the global pandemic.

Our daily lives have changed dramatically since the pandemic; since the first declaration of emergency, the restrictions we have had to follow and the effects of social (physical distancing).

Healthy Workplace Month

October is Canada’s Healthy Workplace Month, an initiative to build awareness about the importance of workplace health. Why is this significant?

According to the Canadian Mental Health Association (CMHA) , more than 500,000 Canadians will be absent from work in any week as a result of mental illness.

It was expected that by 2020, depression would be the world’s second leading cause of disability (heart disease is the first leading cause of disability).

Having a Healthy Workplace Month across Canada is a reminder that there is a need to address mental health in the workplace . Stress, anxiety and mood disorders such as depression are listed as the most commonly seen mental health problems impacting the workplace.

Workplace Stress and Mental Health Claims

Sometimes people experience high levels of stress in the work environment and develop anxiety or depression, or exacerbation of these or other conditions. Many people wonder if they can make a disability claim for “workplace stress” or “work-related stress”, “mental stress” or a “workplace conflict”.

If you are an insured employee with access to group benefits including short-term disability and long-term disability, you should be aware that you can make a disability claim for workplace stress or mental distress at work, as long as you have the proper supportive medical documentation from your treating doctors. Workplace stress/mental distress can exacerbate underlying mental illnesses such as depressive or anxiety disorders or cause a person to experience depression and/or anxiety, and as a result you may be unable to continue working.

The Mental Health Commission of Canada found that 1 in 3 workplace disability claims are related to mental illness and more than 80% of Canadian employers rate mental health issues as 1 of the top 3 causes of both short-term disability (STD) and long-term disability (LTD) claims.

Non-occupational vs. Occupational LTD Policies

Some employers have two types of LTD policies, non-occupational and occupational. Under an occupational policy, if you are unable to perform the duties of your own occupation as a result of an illness or injury related to the workplace, you may qualify for LTD benefits. This includes mental illness.

Mental Illness Awareness Week

On October 2, 2022, Mental Illness Awareness Week (MIAW) begins in Canada. MIAW 2021 is October 2-8, 2022. Mental Illness Awareness Week is an annual national public education campaign designed to educate Canadians about the reality of mental illnesses.

One of the goals of MIAW is to raise awareness and end the stigma associated with mental illness.

Statistics provided by the Canadian Mental Health Association (CMHA) say the following:

World Mental Health Day

World Mental Health Day is observed annually on October 10. It is an initiative started by the World Health Organization (WHO). The objective of World Mental Health Day is to raise awareness about mental health issues worldwide.

This year’s focus is "mental health for all- let's make it a reality". During the campaign, the WHO plans to release new materials for people living with depression.

Statistics provided by the WHO indicate the following:

Close to one billion people have a mental disorder and anyone, anywhere, can be affected.
Depression is one of the leading causes of illness and disability among adolescents and adults.
People with severe mental disorders such as schizophrenia tend to die 10-20 years earlier than the general population.
Suicide occurs throughout the lifespan and is the 2nd leading cause of death among 15-29-year-olds globally.
Approximately 800, 000 people die as a result of suicide every year which means 1 person every 40 seconds.

Mental Illness and COVID-19

It is understandable that people are experiencing increased stress and fear in the context of the coronavirus pandemic.

Beyond the fear of contracting the virus itself, we have had to make significant changes to much of our daily lives as we have been subject to restrictions with respect to how we do things like go grocery shopping, take public transportation, enter public buildings/areas and with in-person interactions.

Many people also faced reduced hours, reduced pay, unemployment, or transitioned to working from home. Others may be finding themselves experiencing burn out from being on the frontlines.

The lack of contact with people outside your household during lockdown/declarations of emergency also took a toll on your mental health. People felt increased symptoms of anxiety and depression, have had exacerbated symptoms, or developed new ones.

With the seasons changing, seasonal affective disorder can also come into play and further affect people's psychological states.

This is another reason why it is important to have mental health awareness, so that people can know they are not alone and can try to seek treatment without fear of being judged.

Mental Illness and Disability Claims

The Application Forms

When you make a claim for short-term or long-term disability benefits, there are three forms that make up the application package. Two forms that you are responsible for making sure are completed are the Employee Statement and the Attending Physician’s Statement.

The Employee Statement is a form where you can provide details about your symptoms and limitations and how your function has been affected by your condition/illness.

The Attending Physician Statement is the form your doctor fills out. Your doctor is asked to provide a diagnosis, details about your symptoms and clinical findings, your restrictions and limitations and how they relate to your ability to work and your prognosis.

How Your Claim is Assessed

Both forms, along with the form your employer has completed (which includes details of your job duties) are taken into consideration to see if your reported limitations and restrictions, your symptoms and diagnosis would prevent you from working at your own job. Your insurance company is looking for information that shows how and why your disability prevents you from working.

You will also be asked to participate in a telephone interview with a claims adjuster who will ask you about your daily functioning and why you are unable to return to work.

Because a mental illness is an “invisible illness” it is important to document the symptoms you have been experiencing by going to your doctor(s) consistently, so you can discuss your ongoing symptoms, if there have been any changes or if new symptoms developed. Many times, the insurance company asks for the clinical notes and records of your treating physician (s) to determine if you are receiving appropriate treatment and to determine the severity of your symptoms.

Common reasons for denying benefits in mental health claims is due to “lack of objective medical evidence”, not receiving proper treatment or following proper treatment or that there are no restrictions or limitations that would prevent you from performing your job duties.

If your short-term or long-term disability claim has been denied for any reason, you should contact an experienced disability lawyer to find out what your options are as an insured person. Our lawyers have helped many clients successfully resolve their denied disability claims.

Applying for Disability Benefits in Ontario: A Step by Step Guide

devops@elitedigital.ca (Dev Ops) — Wed, 31 Aug 2022 15:33:58 GMT

If you've suffered a serious illness or injury and find yourself unable to work and you have access to disability benefits, you may be considering making an application for short-term and/or long-term disability benefits.

This blog post will discuss the application process and what you need to know about applying for disability benefits. But before we get into that, it's important to remember that your insurance company assesses your claim according to the policy definition of disability.

Under most short-term disability policies, the definition of disability is whether you can perform the duties of your own occupation. Under most long-term disability policies, there are two definitions of disability; own occupation and any occupation. Usually the own occupation period is for the first 2 years of benefit payments and you have to demonstrate you are unable to perform the duties of your pre-disability employment. After that, the definition changes and you have to show you are unable to work in any occupation that you are qualified for, by education, training or experience.

The Application Package

The application package usually consists of three documents:

The Employer Statement (also known as a Plan Sponsor Statement)
The Employee Statement (also known as a Plan Member Statement)
The Attending Physician's Statement

The Employer Statement/Plan Sponsor Statement

Your employer is responsible for completing this part of the application.

Important information asked of your employer includes:

Your job title
A description of your job duties (they may also provide a separate job description)
Your last day worked
Your salary/earnings
If there is more than one benefit class in the policy, which division you fall under
How many hours you worked in a typical week
Whether you required any accommodations before going off work
Whether there were any performance issues or concerns
Whether there were any workplace issues/conflicts

Your insurance company requires this information in order to establish your date of disability, when benefits would commence and to determine what your benefit amount will be.

The information provided by your employer also helps your insurer determine what your own occupation is and your regular duties/responsibilities.

The Employee Statement/Plan Member Statement

You are responsible for completing and submitting this form. This form is your opportunity to describe your condition in your own words and provide information about your treatment and response to treatment. You can indicate if you are waiting for further specialist appointments or specialized treatment.

You also will be asked to provide information about your symptoms and what you feel are your barriers for returning to work.

You will be asked to describe your job duties.

Other information you will be asked to provide includes your education, training and experience.

The insurance company wants to gain an understanding into your condition and your transferable skills.

The Attending Physician's Statement

This form should be completed by the physician who is most familiar with your condition.

This form is where your doctor can describe your condition in detail and provide crucial information such as:

The date you started showing symptoms
Your diagnosis
Description of your symptoms, both objective and subjective
Clinical observations
Description of your restrictions (things you should not do) and limitations (things you cannot do)
Recommended treatment and your response to treatment
Your treatment compliance (i.e. going to physiotherapy, taking medication)
Any pending consultant appointments or tests
Your prognosis for recovery
Your ability to return to work at your own job or any job
Whether you will benefit from a gradual return to work program or rehabilitation program arranged by the insurer
Any factors complicating your recovery

The insurance company puts a lot of weight on medical evidence and it is important that you are always honest with your doctor (s) about your symptoms and activity levels/abilities. You should be aware that your insurance company is looking to see if you are under the care of a physician appropriate for your condition and are receiving appropriate treatment, at an appropriate frequency.

The Functional Telephone Interview

As part of the application process for short-term or long-term disability benefits, the case manager assigned to your claim will contact you for an interview. This is usually referred to as a "functional telephone interview" because your insurance company is looking to gather information about your functional abilities and how your disability affects your overall functioning.

Questions that might be asked of you include:

What were the events that led to you going off work?
What are your daily symptoms?
What kind of treatment do you attend and do you find it helpful? (including medication)
What doctors are you seeing/have you seen?
What is your highest level of education/what additional training have you completed?
Previous employment experience
What does a typical day look like for you?
Describe your barriers to returning to work
How do your symptoms prevent you from performing your work duties/job responsibilities?

This type of information is required as your case manager is looking to see if the medical information matches your description of symptoms, restrictions/limitations and to determine what your activity levels are and how that correlates to your symptoms.

The functional telephone interview is an opportunity for you to ask questions about the claim process and an opportunity to provide any additional information you feel may be helpful for your claim.

Requests for Further Information

In some cases, the case manager will feel that further medical information is required in order to make a decision for your claim. They may write to your doctors directly to obtain such information as clinical notes and records and specialist records for a specified time period (e.g. the date of disability to present) and/or ask them to answer some questions to clarify your diagnosis, treatment, restrictions and limitations and prognosis.

Internal Medical Review (Medical Consultant Review)

Your insurance company has medical consultants who conduct file reviews to help case managers make a decision on claims. Your case manager may request that an internal medical consultant review be conducted to better understand your condition. Your case manager will ask them very specific questions.

Common questions asked include:

Is the diagnosis supported?
What are the supported diagnoses?
Are there medically supported restrictions and limitations?
Does symptom severity correlate to clinical findings?
Is treatment appropriate?
Is there anything prolonging the condition?
Are there any barriers to returning to work?
Is further information required?

The medical consultant review is a paper review and the person completing the review will not have direct contact with you. Their opinion is based on the documentation available.

Claims Decision

After the case manager has received all the requested documentation and the response from the medical consultant (if applicable), they make a decision on your claim.

They will call you to notify you of the decision they have made in addition to sending you a letter with the decision.

The outcome can be that your claim was approved, your claim is pended as further information is needed, or your claim was denied.

Your claim could be denied for a variety of reasons, but most commonly it is due to lack of objective medical evidence and that there are no medically supported restrictions or limitations. Other reasons could be that you are not receiving proper treatment or under the care of an appropriate physician or you should be able to attend treatment while continuing to work.

If your claim for STD or LTD benefits has been denied for any reason, we can help you. We have assisted many clients who went off work for a variety of conditions/illnesses or injuries to successfully resolve their claims.

Long-term disability claims and addictions

devops@elitedigital.ca (Dev Ops) — Mon, 22 Aug 2022 20:00:10 GMT

A person applying for long-term disability benefits may be making an application as a result of a physical injury or illness or a psychological illness such as a substance use disorder. A person who has a substance use disorder may no longer be able to complete the essential duties of his or her job and may require an extended period of time off work to seek treatment at a rehabilitation facility, for example.

1 in 5 Canadians experience mental health or addiction issues

According to the Centre for Addiction and Mental Health (CAMH), in any given year, 1 in 5 Canadians experience a mental health or addiction problem. The terms ‘mental illness’ and ‘addiction’ refer to a wide range of disorders that affect mood, thinking and behaviour. Examples include depression, anxiety disorders, schizophrenia, as well as substance use disorders and problem gambling. Mental illness and addictions can be associated with distress and/or impairment of functioning. Symptoms vary from mild to severe.

Why observe International Overdose Awareness Day?

The Canadian Mental Health Association , along with other related organizations are observing the International Overdose Awareness Day to raise awareness of overdose and reduce the stigma of a drug-related death. The global annual campaign is a time to remember, to end overdose, and to acknowledge the grief of the family and friends left behind. Use #IOAD2022 on social media posts to show support and raise awareness to this important day.

Who is most at risk?

Youths are at high risk for opioid overdose. To help mark #IOAD2022 and help youths across Ontario, CAMH has put together a Carry It Toolkit to help administrators, students staff and faculty prevent and respond to opioid overdose, and guide them to create an opioid overdose protocol.

What is the cause for most drug related deaths in Canada?

In Canada, opioids account for the majority of drug-induced deaths. In fact, according to Health Canada , from January 2016 to December 2021 there were 29,052 apparent opioid toxicity deaths across the country. During the first year of the pandemic, there was a 96% increase in opioid toxicity deaths compared to the previous year. In 2021 there were 7,520 opioid toxicity deaths, which averages 21 deaths per day.

What are advocates doing to decrease drug/alcohol related illness and death in Ontario?

In Ontario, a coalition of leading health organizations is calling on the provincial government to develop a comprehensive alcohol strategy to address the health harms of alcohol. This was prompted as a result of the plan to introduce beer sales into grocery stores, which would increase alcohol availability. According to CAMH, alcohol is a public health issue, and the annual costs of alcohol-related health care, law enforcement, corrections, lost productivity, motor vehicle collisions, injuries and social problems are estimated to cost the province $5.3 billion annually.

Clara Hughes , one of the spokespeople for Bell Let’s Talk, was recently quoted at a charity event as saying, “There’s some statistics that are not talked about enough…I’m talking about the statistics of the one in five Canadians that are going to struggle with mental illness in their life[time[. I am part of that statistic…I have gone through major depression throughout my life. We all walk a fine line between health and illness…There is so much silence involved. I’m never going to stop talking about this because we need to understand at a much deeper level what this struggle is, when it comes to mental illness, addictions, brain injury and developmental disabilities.”

Did you know that mental illnesses and substance use disorders are recognized disabilities under the Ontario Human Rights Code?

The Ontario Human Rights Code (section 4.1 and section 4.2) recognizes impairments such as anxiety, panic attacks, depression, schizophrenia, alcohol dependence and addictions to illegal drugs as types of disabilities and explains that:

In many cases, they [disabilities] may not be visible to the average onlooker. People’s experience of disability may result from bodily or mental impairments, or from limitations arising from impairments that affect people’s ability to function in certain areas of living. From a functional or medical perspective, for example, mental health disabilities or addictions may be characterized by “alterations in thinking, mood or behaviour- or some combination thereof- associated with significant distress and impaired function…

Addiction is considered to be a chronic disease and from a medical perspective, one definition is, a primary, chronic disease, characterized by impaired control over the use of a psychoactive substance and/or behaviour…Like other chronic diseases, it can be progressive, relapsing and fatal.

What is Postpartum Depression?

devops@elitedigital.ca (Dev Ops) — Mon, 18 Jul 2022 01:34:19 GMT

Postpartum Depression is a type of major depression and is considered to be a type of mood disorder. It occurs after a woman has given birth, but can also happen to adoptive parents, and even to fathers. After the birth of a child, a woman’s hormones fluctuate and she may experience mood swings that change between feelings of sadness and joy. When feelings of sadness and ongoing depression last for a prolonged period of time, it is thought to be postpartum depression.

Postpartum depression can start during pregnancy, or up to a year after the birth of a child.

Depression is a recognized mental illness that requires treatment. It is well known that in Canada, depression and mental illnesses are a leading cause of disability in the workplace.

Symptoms of depression

Depression includes symptoms of sadness, irritability, low motivation, lack of interest in activities once enjoyed, social withdrawal, fatigue, appetite changes, changes in self-esteem, or difficulty sleeping. A person with postpartum depression may not be able to enjoy his or her new baby, or may develop fears about harming the baby.

Types of postpartum mood disorders

According to the Mood Disorders Association of Ontario (MDAO) there are different types of postpartum mood disorders, which range from “the baby blues/maternity blues” to postpartum depression (major depression with postpartum onset) to postpartum psychosis.

Baby blues / Maternity blues

Baby blues/maternity blues resolves fairly quickly. It presents within days of childbirth and includes symptoms of tearfulness, anxiety, irritability, and emotional instability, but resolves within a couple of weeks.

Postpartum depression

Postpartum depression, according to MDAO, affects 10-15% of women and begins with 2 weeks to 6 months after delivery and includes classic symptoms of anxiety and depression along with intrusive thoughts about harming the baby, extreme irritability and obsessive compulsive symptoms.

Postpartum psychosis

Postpartum psychosis is the most serious type of postpartum disorder and its onset is rapid, sudden and very dramatic. Symptoms include psychotic depression, hallucinations, mania, confusion, delusions and suicidal thoughts. It affects 1-2 out of 1000 women.

As with other types of mental illnesses, you can make an application for short-term disability benefits or long-term disability benefits if you have postpartum depression. You may not recover from postpartum depression during the time you are receiving short term disability benefits, therefore you need to apply for long-term disability benefits. For example if you experience postpartum depression for an extended period of time, your doctor may find that you are unable to work due to major depressive disorder or a severe episode or major depression.

Applying for disability benefits in Ontario

As with any type of disability, when applying for short-term or long-term disability benefits, it is important to provide a complete application to your insurance provider. The Attending Physician’s Statement is particularly important as it sets out your diagnosis, symptoms, restrictions and limitations and prognosis for return to work. Your physician/specialist must outline how your diagnosis of postpartum depression prevents you from working and functioning. Your insurance company is looking for evidence of treatment with an appropriate specialist and of treatment/medication compliance.

Men’s Mental Health Awareness

devops@elitedigital.ca (Dev Ops) — Tue, 14 Jun 2022 00:21:11 GMT

From June 13-19 the world celebrates Men’s Health Week 2022. However, in Canada, the entire month of June is Men’s Health Month. The focus is on mental health and on encouraging men to move for their mental health. Move for Your Mental Health 2022 creates awareness, educates and drives men and their family’s to get active. This is done through podcasts, video workouts and health tips. The Canadian Men’s Health Foundation are the ones behind this important month of awareness.

According to the Toronto Men’s Health Network , the idea of “men’s mental health” is a newer concept. The idea of a mental illness equating to weakness seems to be a part of the problem and is one of the many reasons to open and change the conversation.

To understand the significance of this day, and why raising awareness about men’s mental health is important, this Huffington Post article provides insight as to the subgroup of the Canadian population that is considered to be vulnerable: middle-aged men and explains how resources have not been directed at helping this part of the population and how mental health issues in this population have not been traditionally treated the same as in other vulnerable groups.

According to Canadian Mental Health Association , there have been recent studies that have shown that new fathers are susceptible to post-partum depression. Statistics show the 4 out of 5 suicides are males and the results of The StatsCan Canadian Community Health Survey on Mental Health and Well-Being showed that 10% of men experienced symptoms of the mental illnesses/substance dependencies being surveyed in comparison to 11% of women.

A person’s life circumstances does not necessarily predict the onset of a mental illness, as mental illness does not discriminate when it comes to who will develop one. A mental illness can affect various realms of a person’s life, including the ability to work and perform activities of daily living as it affects functional abilities. A well-known statistic that is used in mental health awareness campaigns is that 1 in 5 Canadians will develop a mental illness in their lifetime. This is why available treatment and encouraging people to get treatment to help with recovery are important, and to let people know that they are not alone.

Employee Monitoring in Ontario

devops@elitedigital.ca (Dev Ops) — Thu, 26 May 2022 16:19:02 GMT

During the previous years, employers have demonstrated an increased interest in electronic monitoring of their employees. Businesses across Canada actively use applications such as ActivTrack, Hubstaff, Hivedesk, Teramind or Work Examiner, just to name a few, to track their employees' activities.

Businesses list a variety of reasons as to why they use workforce surveillance, for example, because they need to ensure correct billing of their clients or to control work fulfillment in a remote or hybrid setting. Meanwhile, the lack of legislative guidance allowed virtually unrestricted application of surveillance without notice, including recording employees when they were taking Zoom calls from homes or tracking workers during their lunchtime.

This issue is now being addressed in the amendments to the Employment Standards Act 2020, introducing a formal framework for Ontario employers who use electronic monitoring of staff as a part of their process. Keep reading to find more about employee privacy in Ontario, the requirement for employee monitoring and other implications for electronic surveillance.

How Was Employee Privacy Regulated in Ontario Before the New Employee Monitoring Legislation?

Before the new legislation, there was no other law protecting employee privacy in Ontario except for federal regulations. Employees seeking protection of their right to privacy had to rely on the common law and court practice.

Meanwhile, in an interview , the Ontario's Minister of Labour, Training and Skills Development, Monte McNaughton, has raised concerns over the stories of workers who had been tracked through electronics without their knowledge. The Minister highlighted that personal privacy should be paramount to all people in Ontario, so the new law was promptly endorsed.

What Is the New Law on Employee Electronic Monitoring And When Did It Come into Force?

The new rules for employee electronic monitoring are reflected in Bill 88: Working for Workers Act, 2022 . The Act includes amendments to the Employment Standards Act, 2000 (ESA) and Occupational Health and Safety Act. Bill 88 also introduces an entirely new set of rules in the form of the Digital Platform Workers' Rights Act, 2022.

Bill 88 has already received Royal Assent on April 11th, 2022. For now, employers have time until October 11th, 2022, to comply with the new regulation.

What Does the New Law Change for Employers?

The new law on electronic monitoring in Ontario applies to businesses having 25 or more employees as of January 1st each year. Such companies will be required to develop and introduce a written electronic policy by March 1st of the same year.

The goal of the electronic monitoring policy should be to bring transparency into how companies track their employees in Ontario using electronic devices, such as laptops, cell phones and GPS systems.

According to the new law, such electronic monitoring policies should include:

a notion whether employees are electronically monitored,
a description of how the surveillance is done,
explanation of the purposes why employers electronically monitor their employees and collect their information.

Employers' Obligations Related to Electronic Monitoring of Workers

For now, the new regulation does not restrict the ability of employers to use the information they obtain through electronic monitoring. The existing text of the law only requires businesses to notify the employees of the fact of electronic surveillance per se and explain the means used for surveillance and its purposes.

Thus, companies have to provide a copy of the policy to each employee within 30 days from the date when the policy should be in place or 30 days after making any changes to such documentation.

Any new employee should receive a copy of the policy within 30 days after being employed or 30 days after the policy is put in place, depending on what date occurs later.

Arthritis Awareness and Long-Term Disability Claims

devops@elitedigital.ca (Dev Ops) — Mon, 23 May 2022 22:41:59 GMT

There are numerous conditions that can render a person unable to work either on a short term or long term basis. One of these conditions is arthritis; a condition that causes inflammation of the muscles and joints. Arthritis and the pain caused by it can make it difficult fir a person to perform their essential work duties as well as everyday activities.

What is arthritis?

According to the Arthritis Society , arthritis is a group of over 100 different conditions that cause inflammation in the joints or other areas, like muscles. Some of the conditions that are under the arthritis umbrella include lupus, fibromyalgia, tendonitis and rheumatoid arthritis.

Arthro actually means joint, while itis is inflammation. It can affect any area of the body, but the most common are the knees, wrists, hip and spine. There is no known cure for arthritis and it can occur at any age, regardless of physical health.

Types of arthritis

There are 2 types of arthritis, although they are broad:

Osteoarthritis (OA)

This is the most common type of arthritis affecting Canadians. Osteoarthritis is joint damage that is irreparable and can be triggered by a number of things. Deterioration due to aging is one of these reasons, as is the body’s response to an injury. The cartilage breaks down, resulting in bone-on-bone contact, causing a person with OA to experience stiffness, swelling and pain.

Factors that can contribute to the development of osteoarthritis include age, obesity and occupation, as well as injuries caused by slip and falls and car accidents.

Inflammatory arthritis (IA)

With inflammatory arthritis, the damage of the joint is caused by inflammation rather than the wearing away of the cartilage. It’s considered an autoimmune disease, as the body mistakenly starts to attack it’s own healthy tissue. This can then result on pain, stiffness, fatigue and restricted mobility, as well as damage to joints and other tissue.

Basically every form of arthritis other than osteoarthritis is classified as IA. These include things like lupus, gout, rheumatoid arthritis, fibromyalgia, ankylosing spondylitis and psoriatic arthritis, amongst others.

Facts about arthritis

According to the Arthritis Society of Canada’s fact sheet , 6 million people in Canada are living with arthritis. That’s 1 in 5 people.

Here are a few facts about arthritis:

People wth arthritis are four times as likely to feel that their overall health isn’t good.
Arthritis in on the rise and they estimate that by 2040 there will be 9 million Canadians that suffer from it.
People with arthritis are two times more likely to have mental health issues as a result of the it.
For 40% of Canadians with arthritis, pain is bad enough that it limits their activities, which includes being able to work.
Canadians with arthritis are 5 times more likely to have mobility problems, causing struggles in their daily life.

What are the challenges that arthritis brings?

Arthritis symptoms are joint pain, stiffness and swelling which can result in significant disability and poor quality of life, according to the Arthritis Society . Things such as doing housework and running errands is difficult, as is working. In fact, people with arthritis are less likely to be in the labour force. This is substantiated by the fact that arthritis, between healthcare costs and costs from lost productivity, has an economic impact of $33 billion yearly.

Additionally, a person with arthritis is up to 1.5 times more likely to be hospitalized, require multiple primary care visits, visit a specialist or require physiotherapy or rehabilitation compared to an individual with another chronic condition and this number changes to 2-3 times more likely if a comparison is being made to a person without chronic illness.

Arthritis can also significantly impact a person’s ability to perform their household activities.

If you have had to stop working as a result of arthritis, and have applied for short-term and/or long-term disability benefits, and your benefits have been denied, contact the lawyers at Aaron Waxman and Associates for a free legal consultation. It is important that you become aware of your rights and your options as soon as possible.

What if my disability benefits were denied?

If you have had to stop working as a result of arthritis, and your disability benefits have been denied or have stopped, it’s important to seek legal advice as soon as possible. The lawyers at Aaron Waxman and Associates offer a free consultation, and can help you become aware of your rights and your options with respect to a denial of benefits.

Summer Long Weekend Safety Tips

devops@elitedigital.ca (Dev Ops) — Thu, 19 May 2022 14:26:03 GMT

Just in time for your long weekend, this blog will discuss common summer safety concerns and provide you with some long-weekend safety tips (but you can consider these tips for use all-year round).

Driver Distractions & Road Safety

Fines and penalties for distracted driving changed on January 1, 2019, which you can read about in our blog here . Fines range from $400 to $2,000 and penalties include license suspension for up to 2 years. This speaks to how much of a problem distracted driving is in Ontario.

Another road safety issue is the failure to yield for emergency vehicles that are stopped. On all summer long weekends the Ontario Provincial Police are having a provincial-wide traffic safety campaign to target drivers that are not slowing down or moving over when an emergency vehicle passes or is stopped on the highway. Currently, the penalty for failure to do so is three demerit points and possible jail time of up to 6 months. It is important to note that you must slow down and move over to the next lane if you are on a multi-lane highway when you observe not just an emergency vehicle with their lights flashing, but also a tow truck with lights flashing. There are nearly 2,000 charges against drivers that failed to move over for emergency vehicles each year.

Rain or shine, road safety is always important. When you hit the road this weekend, consider these important safety tips:

Don’t get behind the wheel of a vehicle if you are exhausted or likely to fall asleep behind the wheel;
Plan your route in advance so you are not rushing – consider checking for any road closures or construction projects that may affect your route;
Make sure your headlights and brake lights are in good working order;
Make sure your windshield wipers are in good working order and you have extra windshield washer fluid on hand;
Set off with a full tank of gas;
Don’t follow other vehicles too closely- always leave room so you have a “buffer zone” in case you need to stop suddenly;
Abide by the posted speed limits;
Don’t drive distracted! Keep your mobile devices and other distractions out of sight;
Determine who will be designated driver from a party/event if you know you are likely to consume alcoholic beverages;
If you are too tired to continue driving, appoint a second driver to take over.

Motorcycle Safety

Today’s motorcycles are quite powerful and fast compared to the bikes of 10-20 years ago. It is suggested that you attend a training program before you start riding long distances or riding with passengers. It is recommended that motorcycle rides wear a helmet and protective gear included proper clothing, eyewear and closed-toe footwear. An article from Consumer Reports explains that leather is the best choice (even in the summer).

A recent study published in the Canadian Medical Association Journal revealed the following

Ontario motorcyclists are 3x more likely to be injured in a collision than drivers/passengers in automobiles.
Motorcycle crashes can cause injuries which are 10 times as severe as those accidents involving cars.
The annual rate of injury from collisions was 2194 per 100,00 registered motorcycles vs 718 per 100,000 registered automobiles.

As with any on-road vehicle, you should not operate or ride a motorcycle while distracted or impaired. Texting while operating a motorcycle is dangerous and anything that can impact your ability to focus on the road endangers your life and the lives of others on the road.

Before you ride, think about these safety tips:

Stay focused and don’t operate your motorcycle while distracted or impaired;
Protect yourself with protective gear and a helmet;
Remember to signal and use hand and turn signals whenever possible so other road users know your intentions;
Stay visible by riding in the middle of the lane so you are most visible to other drivers.
Pay attention and be on the lookout for any potential debris (i.e. branches, rocks, garbage) or potholes;
Don’t speed just because your motorcycle can go very fast. You need to be able to stop properly in wet weather or in traffic.
Check your brakes on a regular basis;
Use your lights and keep your headlights and taillights on during rainy weather, at night and at dusk;
Keep your distance and leave a generous following distance between you and the vehicle in front of you and leave adequate space when following, being followed and sharing the lane and passing other vehicles.

Safe Cycling

It is important to be an informed cyclist and know the rules of the road, particularly if you ride your bike in a busy city. Cyclists are subject to the Highway Traffic Act (HTA), and bicycles are defined as “vehicles”, meaning they belong on the road and not the sidewalk, cyclists need to be aware that they can actually be charged for committing offences just like a driver of a car can be. A cyclist must obey all traffic laws, is subject to the same rights and responsibilities as drivers and cannot carry passengers if the bicycle is meant for only one person.

The Ministry of Transportation (MOT) website says that it is very important that cyclists know to ride their bicycles as close to the right edge of the road whenever possible. There are also certain roadways a cyclist is not allowed to ride a bicycle on such as any of the 400-series highways, and on any roadway within a pedestrian crossover. If there is a pedestrian cross-over, a cyclist must walk his/her bicycle to the other side. It is important to note that cyclists aged 14 and over are not legally allowed to ride their bicycles on Toronto’s sidewalks.

It is mandatory for riders under the age of 18 to wear a helmet, but an approved bicycle helmet can greatly reduce the risk of head injury to the rider in the event of a car accident/collision or a fall.

According to the Canadian Automobile Association (CAA), approximately 7,500 cyclists are seriously injured yearly, with most collisions occurring during afternoon rush hour.

Here are some other important statistics to think about

1 out of 3 cyclist deaths occur at night or where there is artificial lighting
cyclists are more likely to be killed or injured at a location or intersection where there are traffic signals or other traffic control signs
34% of cyclists who were killed were struck by a vehicle in the dark

How can you stay safe as a cyclist?

Wear reflective clothing so you are visible at night and make sure your bicycle has proper lighting and reflectors;
Ensure your bicycle has a working bell or horn;
Know how to handle your bike and how and when to shift gears, ride in a straight line and brake properly so you can ride at appropriate speeds and stop safely;
Check your surroundings, scan intersections before you pass through them and try to stay out of drivers’ blind spots;
Know how to signal properly so vehicles, pedestrians and other cyclists know your intentions;
Be alert and scan the road for any potential hazards such as debris and potholes;
Cross intersections safely and watch for vehicles that are turning into the intersection and always pay attention to the traffic lights.

Distracted Pedestrians

Distraction is not just an issue with drivers, it is becoming an issue with pedestrians. In 2016, there was the Pokémon GO craze which was rather distracting and resulted in erratic driving and pedestrians not paying attention to where they were walking. A recent study from the University of British Columbia found that people walking while looking down at their phones actually walk slower and were less steady on their feet. The study found that more than a third of pedestrians were distracted by their cellphones and had trouble maintaining their walking speed. This increases the potential for an accident to happen as it means pedestrians are taking longer to cross the street. Distracted pedestrians also have slower reaction times.

Here are some helpful tips

Be aware of your surroundings as you cross the street and look out for any turning cars;
Put your phone down so you can cross safely and at a reasonable pace;
If you’re listening to music, pause it so you can hear what is going on around you;
Be careful when coming out of a driveway, particularly if it is a “hidden” driveway as cars may not be expecting pedestrians;
Avoid jay-walking and cross at a proper intersection;
Wear an item of reflective clothing if you are walking in the dark.

Lyme Disease

Many people may use the long weekend as an opportunity to go camping and go to cottages. It is important to practice awareness regarding Lyme disease. Activities such as camping, hiking, fishing, hunting and even golfing can put you at higher risk for exposure to ticks.

In a previous blog post we have discussed Lyme disease, the range of symptoms it causes and some prevention tips. It is important to be aware of areas that are conducive to back-legged ticks (deer ticks) and where a person could contract Lyme disease as the symptoms of Lyme disease may resemble a variety of other conditions, making it very difficult to diagnose. Areas where back-legged ticks typically are found include forests and overgrown areas between woods and open spaces. They tend to thrive in wet environments, woodlands, tall grass and bushes.

According to the Canadian Lyme Disease Foundation , Lyme disease is the most treatable at the early infection stage and becomes harder to treat and diagnose as time goes on. Symptoms become worse as time passes without treatment or proper diagnosis and can appear quickly, or gradually over time.

Some prevention tips you may want to consider are:

Take the time to find out if there are any health and safety concerns in the area you are planning on travelling to;
Wear insect repellant containing DEET and apply it not only to your skin, but to your clothing to ward off ticks (and bugs);
Wear lighter coloured clothing to make it easier to spot ticks;
If you are going to be in a high-risk area or area with grass, woodlands and bushes, wear shirts with long-sleeves, wear pants and closed toe shoes. Keep your skin covered up as much as possible;
It is recommended that you shower or bathe within 2 hours of being outdoors to wash away any loose ticks;
Reduce the chances of “ tick habitats ” developing around your house by maintaining your lawn and yard. Use hard materials like stone and metals instead of soft materials like soil for planting.
The Government of Canada’s website recommends keeping pets such as dogs out of the woods and looking into tick repellents for pets.

Heat Waves

The heat warnings are issues to put at-risk groups on alert/people who care for them to watch out for signs of heat related illness. Groups at increased risk include seniors, infants and children, people with chronic illnesses (heart or respiratory conditions), those with limited mobility, on certain medications), people who work or exercise in the heat, homeless people and people on the low end of the socio-economic scale. Heat related illness includes heat stroke, headache, dizziness or fainting, nausea or vomiting, rapid breathing/heartbeat and extreme thirst. It can also include swelling, rash, heat exhaustion and worsening of some health conditions.

Suggested tips for preventing heat-related illness include:

Stay in the shade and avoid the sun;
Find an air-conditioned place if your home is not air conditioned (i.e. a community centre or mall);
You should wear breathable fabrics, light clothing and clothes that are loose and don’t forget to wear a hat;
Stay hydrated and drink a lot of cool water, even if you are not thirsty;
Keep cool and cool down with wet towels or cool showers/baths;
Ask your pharmacist/doctor if any of your medications could increase your risk of heat-related illness;
Keep your curtains/blinds closed during the day;
Try to avoid cooking that requires an oven to keep your house cooler;
Place a bowl of ice in front of fans to cool the air;
Call/Visit your at-risk family, friends, neighbours.

Recreational Safety

Summer time is prime time for swimmers and boaters. It is important to know how to keep yourself and others safe.

A few suggestions for water safety include:

Learning how to swim/ make sure your family members receive swimming lessons;
Get safety training/Learn CPR in case of an emergency so you can help someone without endangering yourself;
Actively supervising children in the pool;
Make sure your pool is fenced in and inaccessible to outsiders;
In public pools, swim in an area where the lifeguard can easily see you;
Bring a life jacket for yourself an all family members to all boating excursions;
Wear a life jacket for any activity or for when you might be in a situation that is outside of your swimming level;
Be mindful of your alcohol consumption as it affects your reaction time/ability to swim;
Do not drive a boat while under the influence of alcohol.

And, of course, on a long-weekend, people enjoy watching fireworks. Setting off fireworks can become dangerous and it is important to consider the following tips from Natural Resources Canada :

Consider wearing safety glasses;
Never stand directly over a firework while lighting it;
Follow the manufacturer’s instructions for lighting a firework;
Only light one firework at a time;
Light the fuse of the firework at its tip;
Don’t try to relight a firework if it did not go off;
Don’t light a firework in your hand;
Keep onlookers a safe distance away;
Discharge fireworks far away from combustible materials;
Keep water near you;
Put the firework into a bucket of sand;
Keep kids away from sparklers;
Do not light fireworks in windy conditions;
Choose a wide, clear site to light the fireworks, away from all obstacles;
Throw away used fireworks or debris in a pail of water.

We hope everyone has a safe and enjoyable long-weekend!

Mental Health Week in Canada

devops@elitedigital.ca (Dev Ops) — Sun, 15 May 2022 00:18:28 GMT

This year in Canada Mental Health Week (MHW) took place from May 2-8 2022. The Canadian Mental Health Association (CMHA) first introduced Mental Health in 1951. The aim of Mental Health Week is to bring awareness to and help improve public awareness towards mental health and mental illnesses.

The theme for Mental Health Week changes every year. The theme this year is “This is Empathy. Before you weigh in, tune in”. Empathy is the capacity to step into each other’s shoes, and understand where others are coming from and what they’re feeling. It’s about listening without judgement, and about reducing and resolving conflicts.

The designated hashtags for participating on social media are #GetReal (about how you are really feeling) and #MentalHealthWeek . The Centre for Addiction and Mental Health (CAMH) also suggests the hashtags #MHW2022 and #MentalHealthIsHealth .

Why is Mental Health Awareness important?

Mental illness is one of the leading causes of disability in Canada. Mental illness affects a person’s ability to function in many ways, be it socially, at work or activities of daily living.

It is worth noting that although 20% of Canadians experience a mental illness in any given year, it is still considered to be an “invisible illness”.

According to CMHA, all Canadians are indirectly affected by mental illness at some point in their lifetime, whether through a family member, friend or colleague.

This is why it is important to have awareness weeks and to raise awareness about mental illness and how stigma is dangerous. Stigma could prevent someone from seeking treatment.

Awareness campaigns are important because they are meant to help people gain a better understanding of mental illnesses. If you have filed a disability claim for an invisible illness, it is important to show your insurance company you are following treatment recommendations or are attending the right kind of treatment for your condition.

What is the Difference Between Mental Illness and Mental Health?

How is a mental illness defined? The term, “mental illness” refers to a variety of diagnosable mental disorders.

A mental disorder is a health condition characterized by alterations in thinking, mood and/or behaviour that is associated with distress and/or impaired functioning.

The term mental health refers to striking a balance in all spheres of one’s life including social, physical, spiritual, economical and mental.

While 1 in 5 Canadians will experience a mental illness (or mental health issue), 5 in 5 Canadians have mental health, just as we all have physical health.

The Facts & Statistics

Here are a few important facts from Canadian Mental Health Association’s Fast Facts About Mental Illness.

Here are some other important statistics to consider:

By age 40, about 50% of the population will have or have had a mental illness
About 8% of adults will experience major depression
Anxiety disorders affect 5% of households, causing mild to severe impairment
Approximately 1% of Canadians will experience bipolar disorder
1% of the Canadian population is affected by schizophrenia
49% of those who feel that suffer from depression or anxiety have never been to see a doctor about it
Stigma/discrimination presents a serious barrier to diagnosis and treatment and acceptance in the community

Mental Health Week & COVID-19

Last year, the theme of Mental Health Week was the importance of social connection as social (physical) distancing measures were in place.

Currently we are in the 3rd wave of the COVID-19 pandemic and the importance of meaningful social connection to combat loneliness and the importance of emotional support is equally as important as this Mental Health Week is taking place during a Stay at Home Order in Ontario and when many provinces are under strict restrictions.

It is noted that even before COVID-19 loneliness and social isolation were of societal concern and people with weak or few social connections are at increased risk for anxiety, depression, anti-social behaviour and suicidal behaviours. In fact, is documented that the lack of strong relationships affects the risk of mortality in a comparable way to smoking 15 cigarettes a day!

According to an April 2020 study conducted by Angus Reid polling Canadians about the impact of COVID-19, half of Canadians reported a worsening of their mental health and 10% reported it has worsened “a lot”. The study revealed that 44% of respondents said they are worried and 41% said they are anxious.

A recent study conducted by CMHA and the University of British Columbia compared the mental health impacts of the first 2 Waves of COVID-19 and found that overall 40% of Canadians say their mental health has deteriorated since the onset of the pandemic.

Of those sub-groups who said their mental health has deteriorated:

67% of those with a pre-existing mental health condition reported high levels of anxiety/worry (vs. 63% in Wave 1) as well, 57% of this subgroup reported stress, 39% loneliness, 35% sadness and 48% depression
45% of woman reported deteriorating mental health vs. 34% of men
27% of those with a pre-existing mental health condition reported suicidal thoughts and feelings (vs. 18% in Wave 1)
24% of those with a disability reported suicidal thoughts and feelings (vs. 15% in Wave 1)
There was 18% increased prescription medication use for people with a pre-existing mental health condition
There was an overall 17% increased substance use as a way to cope, with alcohol being the most common substance

The Centre for Addiction and Mental Health (CAMH) also conducted several surveys to determine the effects of the pandemic on mental health. The most recent study was conducted between March 19 and March 23, 2021 and involved 1,000 adult respondents.

Important findings include:

20.9% indicated moderate to severe anxiety levels (24.4% of women vs. 17.3% of men(
20.1% reported feeling depressed
21.3% reported feelings of loneliness (24.2% of women vs. 18.3% of men)
25.7% of participants reported binge drinking in the previous week
19.5% of Canadians sought help for mental health concerns

In recognition of the growing mental health difficulties people are having, last year, the Government of Canada launched a mental health portal, Wellness Together Canada for mental health and substance use support to provide free tools and resources for Canadians.

Mental Illnesses and Disability Claims

When you file a claim for short-term or long-term disability benefits, insurance companies consider whether or not you are seeking appropriate treatment from an appropriate physician or specialist for your illness, as that is one of the responsibilities under your insurance contract.

Your insurance company needs to understand how your illness prevents you from working and have an idea of what your restrictions and limitations are based on your symptoms and your doctor’s/treatment provider’s observations.

It is very important to demonstrate that you are seeking treatment and documenting your symptoms and rehabilitation efforts when you are receiving short-term or long-term long-term disability benefits as a result of an invisible illness like a mental illness.

One of the most common reasons that short-term or long-term disability claims are denied is because of a “lack of objective medical evidence” or because the insurance company does not think you are seeking appropriate treatment.

You may be unable to see your treatment providers in person due to COVID-19, or specialist referrals may be delayed, but you may be able to explore alternate treatment options on the advice of your doctor/treatment provider to help you in your recovery.

You should always follow the advice of your doctor/treatment provider when it comes to taking your medication, attending treatment or increasing activity (if applicable). You should also always advise your doctor of any changes to your health including new or worsening symptoms.

If Your Claim is Denied

You should know that if your claim is denied, you do have the option to fight the insurer’s decision.

Your insurer has an internal appeal process you can go through which can be lengthy and may not produce a positive result.

You can consult a disability lawyer to find out your rights and legal options. A lawyer can commence a court action against your insurance company once retained by you.

Our lawyers have helped many people with invisible illnesses successfully resolve their disability claims against their insurance companies.

The Ultimate Car Accident Guide for Ontario

devops@elitedigital.ca (Dev Ops) — Mon, 04 Apr 2022 05:40:33 GMT

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Car Accident Tips - How Does Fault Impact Compensation? - What Are Your Rights? - Should You Sue? - Towing Fraud - Repairs

Knowing exactly what to do after a car accident is not something many of us put enough thought into. We wish it never happens to us and our loved ones. But if an accident happens, things can become much worse if we are unprepared and forced into making quick decisions in a high stress environment.

So here are some tips to keep in mind should you get involved in a car accident in Ontario. You will find a detailed explanation for each step down below. After the first section of this guide, you will find more details about fault determination, your rights to insurance compensation and suing other drivers, towing fraud, repairing your vehicle and other information you will need if you get in a collision.

10 HELPFUL CAR ACCIDENT TIPS FOR ONTARIANS

#1

Keep Calm

Knowing what to do after a car accident is not something that most of us think about. We wish it never happens to us and our close ones. But when an accident strikes, the worst scenario would be to be unprepared and making decisions in a very high stress situation.

So here are some tips to keep in mind should you get involved in a car accident in Ontario. You will find the detailed explanation for each step down below. After the first section of this guide, you will find more details about fault determination, your rights to insurance compensation and suing other drivers, towing fraud, repairing your vehicle and other information you will need if you get in a collision.

Do your best not to panic.

It is your duty to stay at the scene of the accident, offer assistance and provide information. You will need to keep your composure to handle the situation.

At the same time, you should avoid arguing with the other drivers or passengers. It is much better to save your story for the police. So just calm down, take a few deep breaths and continue with the next steps.

#2

Always Stop After an Accident

The law requires you to stop your car after an accident. Any driver who hits another vehicle or a person and doesn't stop commits 'failure to remain' or 'failure to stop' and faces penalties.

Failure to Remain under Ontario Highway Traffic Act

It is the law in Ontario that if you get involved in an accident, you shall:

remain or immediately return to the place of the accident,
provide all possible assistance,
provide any contact information or insurance details requested by the police or the victim of the accident.

If you fail to remain on the place of accident, no matter how minor are the consequences of the collision, you can be subjected to:

a fine from $400 up to $2,000,
prison term up to 6 months,
six demerit points,
license suspension up to the period of 2 years.

Failure to Stop under the Criminal Code of Canada

Not stopping after an accident is also a criminal charge in Canada which can lead to even more serious penalties and a criminal record. It can be penalized by:

heavy fines, or
imprisonment for a term up to 10 years or 14 years if someone is injured.

In addition, if you decide not to stop, refuse to provide assistance or provide your name or address after an accident, the judge may impose other penalties under summary conviction. Besides, a failure to stop after an accident can also dramatically increase your insurance premiums.

Bottom Line — Fleeing from the Place of Accident is Never an Option

No matter how minor the accident is, you should always stop your car after a collision. Many people who chose to run from the scene of a car accident in Ontario for various reasons, for example, because they panicked, didn't have insurance or were in a rush, found themselves in a much worse situation. It is just not worth it, and it is your duty to stay, provide all the details about the accident to the officer or the other driver and offer all possible assistance.

#3

Know Your Rights and Don't Assume Liability

It is the duty of the police and your insurer to determine who is at fault in an accident, and they have clear rules for that. So your best option is to be respectful to the other drivers and passengers involved, collect and provide information and offer assistance while avoiding any apologetic statements.

#4

Call Police or Collision Centre

If you get in a minor car accident in Ontario, you don’t have to call the police but should reach out to a Collision Reporting Centre within 24 hours after an accident.

What is Considered as a Minor Car Accident in Ontario

A car accident is viewed as minor, if

no one is injured,
there are no signs that some drivers are intoxicated by drugs or alcohol,
there are no signs of illegal activity,
the total damage to all vehicles involved in an accident is less than $2,000.

If this is the case, you can locate the Collision Reporting Centre near you in Ontario on this website or by calling their phone number at (416) 745-3301.

When You Should Call Police After a Car Accident

In Ontario, you should call 911 and ask for police if you are involved in a car accident and:

someone is injured,
the other driver is uninsured,
there are signs that the other driver is driving under the influence of drugs or alcohol,
the total damage to all vehicles exceeds $2,000,
the accident involves a government-owned vehicle,
the accident involves private or municipal property,
the accident involves a pedestrian.

The operator will guide you on your next steps while you are waiting for the police to arrive. If you see that someone is hurt, you should not try to move them as it may aggravate their injuries.

#5

Get Out of the Car and Take Pictures

If it is safe , you should get out of your vehicle and take pictures of all cars involved in an accident. You can use your cell phone or any other digital camera.

In an ideal situation, you should not move your car before taking pictures. The police and the insurance companies will use photos along with the description of the accident to determine fault.

Note: Although Ontario uses a no-fault system, determining who is at fault in the accident or what is the degree of fault of each of the drivers is essential for determining the amount of insurance compensation.

#6

Alert Other Drivers of the Danger or Move Your Car Off the Road

In major accidents, when the vehicle is badly damaged or when someone is hurt, you should wait for the police and don't move your car. When your vehicle is left on the road, you should warn other drivers of the danger by turning on your hazard lights , using flares, warning triangles or cones. You can also pop up the hood of your car to drive more attention.

In minor accidents, when it is safe, and you can drive your car, you should move it away from traffic to the side of the road.

#7

Record Information

When you get involved in an accident, the law requires you to provide information about yourself, your insurance and your vehicle to the other driver. You should also record the information of others involved in the collision.

Information About Other Drivers

You will need to record information about other involved drivers. Similar to your situation, the law also obliges them to provide you with information so you can expect answers to your questions and should record those answers for future reference. If you cannot make notes for any reason, you can use your phone's voice recorder, camera or any other app.

You should ask for:

the first and the last name of the drivers,
name of their insurance company,
insurance policy number,
name of the policy owner,
drivers' contact information,
car make, model, registration and license plate number.

Information About the Accident

You also need to write down what happened. You should note down:

the date and time of the accident,
your route,
your estimated speed,
weather conditions,
your version of the accident,
other details describing the circumstances of the accident.

It is better to use your own words and record information while your memory is fresh before you talk to someone who can influence your recall of the accident. Remember that honesty and integrity are your best friends when dealing with the consequences of road accidents.

#8

Call Your Insurance Company

If you get into a car accident in Ontario, you should call your insurance company as soon as possible. The Financial Services Regulatory Authority of Ontario makes it a requirement that you should contact your insurer within 7 days after an accident or as soon as possible after that. If you don't inform the insurers within this time, they may deny your insurance claim.

Information to Provide to Your Insurer

When you contact the insurance company, you will need to provide them with details about the accident you have recorded in the previous step. For major accidents over $2,000, collisions that resulted in injuries, or accidents involving drivers under influence, which were reported to the police, you will also need to have the name and the badge number of the police officer.

#9

Watch Out for Unauthorized Tow Truck Operators

What is tow truck fraud?

If you cannot drive your car after an accident and need a towing service, you should be careful of towing fraud. You may be preyed upon by tow truck companies who are taking advantage of uninformed drivers and overcharge them for towing and storage. Predatory towing companies can also be working on commission with repair shops which will inflate your repair bills.

How to Recognize Towing Fraud

Watch out if tow truck drivers recommend a vehicle repair shop without being asked. You should also ask about their prices in advance. If you suspect dishonest behaviour by a towing operator, you can stop the scam by calling your local police.

You can also ask your insurance company about the next steps. The insurer can advise you on the reasonable rates, the preferred repair shop and necessary paperwork.

Call 511 if You Need Towing in Restricted Zones in the Greater Toronto Area

Starting from January 2022, only authorized towing companies working under the contract with the Ministry of Transportation can provide towing services in the restricted zones on Highways 400, 401, 409 and 427 in the Greater Toronto area. If you need tow service when in restricted towing zones , call 511 for an authorized truck operator.

For more information about the Tow Zone Pilot program introduced by the Ontario Provincial Police, please read How to Avoid Towing Fraud section at the end of this guide.

#10

Seek Medical Attention

If you are injured as a result of a car accident in Ontario, you will need to call an ambulance which will transport you to a medical facility. However, even if you don't need immediate medical assistance, you should see your physician as soon as possible because some injuries may not show up immediately.

Such injuries as concussions, neck and backbone traumas, injuries to your muscles, tendons, ligaments and other soft tissues may not show up immediately after an accident. You need to monitor the state of your health and check it with your physician to ensure timely medical assistance and to claim compensation for your medical expenses.

How Does Fault Impact Your Insurance Compensation?

In Ontario, insured drivers make their claim first to their insurance companies thanks to the no-fault insurance system in the province. Meanwhile, the name "no-fault" can be misleading, making drivers think they cannot sue another driver or are not responsible for the accidents.

In reality, no-fault insurance does provide insurance coverage to insured drivers no matter who caused the accident. Still, the amount of coverage will depend on the degree of fault of each driver.

What Are Your Rights to Car Accident Compensation?

There are several types of car accident compensation you can claim from your insurance company. These are provided under mandatory auto insurance and additional insurance policies.

Mandatory Auto Insurance in Ontario

Mandatory auto insurance is a minimum coverage established by the provincial government. It includes:

direct compensation property damage (DC-PD),
statutory accident benefits,
uninsured automobile insurance,
third party liability coverage.

Direct Compensation Property Damage Insurance in Ontario

The direct compensation property damage, known as DC-PD insurance, pays for the damages to your vehicle.

Bear in mind that DC-PD insurance provides coverage only if:

another driver shares the fault for the accident or is fully at fault,
the other driver is insured in Ontario.

Statutory Accident Benefits

The insurance companies in Ontario provide statutory benefits no matter who is at fault if you or your passengers were injured as a result of the accident.

The Statutory Accident Benefits include:

70% of income up to $ 400[Eugene1] each week,
non-earner benefits if you are unemployed and cannot carry on a normal life after the accident,
cost of attendant care, supplemental medical care and rehabilitation,
caregiver benefit if you cannot continue taking care of a member of your family,
other expenses, for example, housekeeping and home maintenance costs incurred as a result of the accident,
death and funeral benefits.

You can find the detailed description of statutory accident benefits in the Ontario Automobile Policy .

Uninsured Motorist Coverage

The law in Ontario requires every driver to have at least Mandatory Coverage, but unfortunately, some motorists still do not carry any insurance. If you are involved in an accident where another driver is uninsured, you can claim compensation under the Uninsured Motorist Coverage.

In another situation, where drivers commit hit-and-run for various reasons, standard insurance wouldn't work. In cases where the other driver fled after a collision and their vehicle cannot be identified, they will be considered uninsured. If this is your case, you don't have to worry as you still will receive compensation under Uninsured Motorist Coverage.

Third-Party Liability Coverage

If you cause injuries to someone in a car accident or damage their car, you will need third-party liability coverage. Your Mandatory Automotive Insurance will provide you with at least $200,000 coverage of your liability to third parties.

Meanwhile, many personal injury cases involving car accidents in Ontario often include multi-million dollar claims. For this reason, many drivers choose to have additional third-party liability insurance, providing them with at least $1,000,000 liability coverage.

Additional Insurance Policies

If you don't feel secure with Mandatory Auto Insurance, you can expand your insurance coverage with additional insurance packages. These include:

specified perils coverage,
comprehensive coverage,
collision coverage,
all perils coverage.

Specified Perils

Specified Perils Insurance is precisely what is suggested by its name: it provides insurance coverage against those losses which are specifically listed in your policy. Examples of what can be covered include theft or attempted theft, fire, lightning, windstorm, explosion, hail, rising water, or damage during transportation.

Collision Coverage

When you buy Collision Coverage, your insurance company will compensate for the damage to your vehicle in an accident regardless of fault. For example, if your vehicle is hit on the parking place by an unidentified driver, you can receive insurance compensation only if you have Collision Coverage.

Comprehensive Insurance

Comprehensive Coverage is an expanded and more expensive version of Specified Perils Insurance. In addition to risks covered under Specified Perils, the Comprehensive Coverage will protect against vandalism, windshield damage, hitting an animal and damage from falling objects, for example, from debris blown by the wind.

All Perils

All Perils of All Risks Coverage includes all risks unless they are expressly excluded in your insurance policy. All Perils policy provides the most extensive insurance protection, which covers risks included both in Collision and Comprehensive Coverages.

How to Claim Insurance After a Car Accident in Ontario

After an accident, it is best to call your insurance broker immediately and advise on the next steps.

You should report the accident to your insurance company no later than 7 days after the accident or as quickly as possible after that. If you delay, you may be denied insurance coverage.

Proof of Loss

After you have filed your claim to the insurance company, they will contact you to determine your insurance compensation. The claim adjuster from the insurance company may ask you to complete a Proof of Loss form to document the damage.

Each insurance company has its own Proof of Loss form, so you will need to check the form and fill it out carefully to avoid underpayment or denial of your claim. You will need to return a filled-out Proof of Loss report within 90 days after the accident.

Applying for Accident Benefits

If you have been injured as a result of the accident, you can also apply for accident benefits. The accident benefits will help to recover lost income as well as your medical and rehabilitation expenses.

You will need to fill in the Accident Benefits Application Package , which includes separate forms for:

application for accident benefits,
employee confirmation, if you claim income replacement,
disability certificate to be filled by a physician,
permission to disclose health information,
treatment confirmation form, if required.

To Sue or Not to Sue?

First of all, you do not have to sue to get compensated after a car accident. You file the claim to your insurance company and receive accident benefits and compensation for repairs paid regardless of fault but based on fault assessment.

Second, you can always sue even after being paid by the insurance company unless you agree to waive liability. Here is more on what you can claim in a lawsuit and when it can be worth it.

What Can You Claim in a Car Accident Lawsuit?

If you have been affected by a car accident, you can sue for damages in excess of received accident benefits.

You can additionally claim compensation for:

pain and suffering,
loss of income,
other damages.

Is It Worth It?

Before you decide if it is worth suing the other driver, you should discuss the matter with your personal injury lawyer . You should also keep in mind your degree of fault as defined by the insurer and whether you can beat it in court. If you are primarily or wholly at fault for the accident, your prospects of suing the other driver may not be worth the effort unless your lawyer can help you dispute your fault.

You should also evaluate the prospects of being granted sufficient compensation for pain and suffering. For example, if the jury grants you $40,000 for pain and suffering in 2022, you would not receive anything as the deductible for the current year is set at $41,503.00.

Timing Considerations for Filing a Lawsuit

What Is Towing Fraud and How to Avoid It

Unfortunately, it is a well-known fact that the towing industry in Canada has a few bad actors, and Ontario has been especially notorious for them. Some tow truck drivers use radio scanners to pray on people getting in car accidents and rush to be the first on the scene.

It is not uncommon to see several tow trucks appearing in the place of accident simultaneously to get your car on the hook. What may seem like a good competition is more often an attempt to be the first in line to take advantage of unsuspected victims. Meanwhile, the consequences of towing fraud can be very serious, starting from inflated bills and ending with losing your car.

What Is Towing Fraud?

Towing fraud happens when a tow truck driver solicits or recommends vehicle repair shops, garages, legal or medical services without being asked. Unscrupulous tow truck drivers are paid referral fees by those service providers, which can seriously inflate your bills. Finally, you may have to pay non-competitive prices for towing, unnecessary storage and other unsolicited services.

What Are the Risks of Getting Involved in Towing Fraud ?

There are a few risks of getting involved in a towing fraud. Although some drivers may think that their insurance company will pay their bills anyway, the reality can be different. Your insurer may refuse to approve the repair shop referred by a tow truck driver. Your insurance company can also increase the insurance premiums in response to inflated repair bills.

The repair shops referred by tow drivers can refuse to give you the car without repairing it on their facility and charging you excessive prices. If you insist on having your vehicle returned, they may ask you to pay an exorbitant breach-of-contract fee exceeding the value of your car.

The consequences of towing fraud can include:

excessive prices for car repair,
overpaying for towing service,
costs of unnecessary storage services,
paying for towing your vehicle to another repair shop,
having your vehicle seized until you pay for the repairs.

How to Avoid Towing Fraud

Getting into an accident is stressful for anyone, especially when you have to fight off the towing scam. Fortunately, you cannot be forced into towing fraud against your will, so it is important to keep calm and follow simple rules to be on the safe side.

Learn About the OPP Initiative

In January 2022, the Ontario Provincial Police has introduced new towing guidelines to provide "a safe, fair environment for both towing companies and drivers." Under the new rules, only authorized towing companies can provide towing services in restricted zones. The pilot program is planned for four years.

New Rules for Authorized Towing Companies

The authorized towing companies working in restricted zones in Ontario are obliged to:

not recommend any vehicle repair, body repair, sales, storage, legal, medical and other services related to a car accident,
provide high-quality services according to the governmental standards,
show their identification upon request,
provide customers with information about their fees,
if the vehicle is outside of the Tow Zone Pilot area, the towing company should obtain permission to tow to the customer's preferred destination,
submit itemized invoice before asking for payment,
allow customers access their vehicle during regular business hours on weekdays and between 9 am – 12 pm on weekends to access personal items at no charge.

Areas

The services under OPP Pilot Program are provided only in four restricted towing zones, which include portions of Greater Toronto Highways, including Highways 400, 401, 409 and 427.

You can find information about the exact section of the above highways on the official website of the Ontario Government.

How Can You Use the Tow Zone Pilot Service

The Ontario government makes it a rule that you must use only an authorized towing company in a restricted towing zone:

call 911 if you are in a travelled lane and cannot move the vehicle to a safe place,
call 511 if you and your vehicle are in a safe location and you need towing service and select the Tow Zone Pilot.

For all other areas, you should call your towing company directly.

What You Need to Know About Car Repairs After Accidents

After an accident, your vehicle will be either repaired or written off by the insurer as a total loss if the damage is too heavy. If your car is repairable, knowing how to choose a repair shop, define the scope of repairs and manage the works can save you much time and extra costs.

Write-Offs

If the estimated cost of repairs plus vehicle salvage value exceeds the value of your car before collision, the insurance company may decide to write off your vehicle as a total loss. In this case, you will receive the value of your car before the accident proportionate to your degree of fault minus deductible and will leave the salvage to the insurance company.

Removing Depreciation Deduction

If your insurance includes a Removing Depreciation Deduction, also known as Limited Waiver of Depreciation, you have a chance to receive the full list price of a new car if your vehicle is salvaged. A Limited Waiver of Depreciation is available only for newer cars up to 2-5 years old.

Choosing a Repair Shop

When you seek to repair your vehicle, you can either take your car to your preferred repair shop or the one recommended by your insurer. Always avoid repair shops suggested by tow truck drivers to escape fraud.

The Scope of Insurance Repairs

The scope of the insurance repairs is based on your insurance company's obligation to return your vehicle to its condition before the accident. So, if you have an older vehicle, the insurance company can repair or replace any damaged parts of your car with non-OEM (non Original Equipment Manufacturer) or pre-owned parts. At the same time, many insurance companies may replace safety-related parts, such as airbags and similar equipment, with new OEM parts.

Be Aware of the Betterment Charges

The betterment charges occur when the repair results in giving your vehicle a better state than it was before the accident. For example, if the repair shop replaces a rusty hood, which was dented in an accident, with a new one, you can be expected to pay for the betterment from your own pocket.

Similarly, if you ask the repair shop to do any work, which is not related to the collision, it may be permissible but will require paying betterment charges. As a rule, the insurance would not cover repairs of any parts due to mechanical breakdown, rusting, wear and tear, and similar cases.

Summary

Car accidents in Ontario can be stressful, to say the least, but the stress can be managed when you know exactly what to do and how to get the best assistance as soon as possible. You will be much better prepared for managing the consequences of car accidents if you follow the simple steps outlined in our Car Accident Memo above and know how to effectively handle the insurance, towing and repair issues.

You should always speak to your insurance agent or broker as soon as possible after an accident and ask them for guidance before you take any steps, sign any paperwork or make payments, especially in cash. Meanwhile, if you need additional explanations or assistance in ensuring fair compensation for your losses or plan to sue the other driver, you can always speak to experienced car accident lawyers .

We Support World Bipolar Day

devops@elitedigital.ca (Dev Ops) — Fri, 25 Mar 2022 17:24:56 GMT

March 30th is World Bipolar Day (WBD), an important annual global mental illness awareness day.

What is Bipolar Disorder?

Mood disorders may affect a person’s ability to perform his or her activities of daily living, and the ability to perform employment duties. The most common types of mood disorders according to Johns Hopkins Medicine include major depression, dysthymia (chronic low-grade depression), bipolar disorder, mood disorder related to another health conditions (i.e. cancer) or substance induced mood disorder.

Bipolar disorder is considered a brain disorder. It causes unusual fluctuations in mood, energy, activity levels and one’s ability to carry out daily activities. It involves a “high” state, called mania or hypomania (depending on which type of bipolar disorder), a “low” state (depression) and a “well” state, where the person feels “well” and does not have difficulties functioning.

What is World Bipolar Day?

World Bipolar Day is an annual awareness day and educational initiative to bring world awareness to bipolar disorders and to end social stigma. It is celebrated on the birthday of Vincent Van Gogh - who was thought to have bipolar disorder. This is why it is often thought that there is a link between creativity and bipolar disorder.

It’s a day that brings the population around the world information about bipolar disorders to help educate and improve sensitivity towards the illness. It is a collaborative effort of multiple bipolar disorder foundations: the Asian Network of Bipolar Disorder (ANBD), International Bipolar Foundation (IBPF), and International Society for Bipolar Disorders (ISBD).

Why is it Important?

The goal of World Bipolar Day is to bring worldwide awareness to bipolar disorder, eliminate social stigma and provide information. Treatment is important for any type of illness, and stigma can prevent people from seeking treatment. Although bipolar disorder is a recognized medical condition, like diabetes or a heart condition, there are many places in the world that still don’t identify it as an illness.

There are many ways to participate in WBD virtually, which you can learn about on the World Bipolar Day website .

Important Facts to Consider

Mental illness indirectly affects all Canadians at some time in their lives through a family member, friend or colleague. Mental illness affects people of all ages, educational and income levels, and cultures.

World Bipolar Day is important because stigma or discrimination attached to mental illnesses presents a serious barrier, not only to diagnosis and treatment, but also to acceptance in the community. According to the WBD website, it is estimated that the global prevalence of bipolar disorder is between 1 and 2%, and may be as high as 5%.

Some other facts to consider:

World Health Organization

Bipolar disorder affects approximately 45 million people worldwide

Mood Disorders Society of Canada

Bipolar disorder affects 1.2% of the adult population in Canada
The average age for onset of bipolar disorder is between 18-24 but it can also start in childhood or as late as 40s/50s.
An equal number of men and women develop bipolar disorder
The younger a person is when diagnosed with bipolar disorder, the more likely it is to have a genetic component

Centre for Addiction and Mental Health

In any given year, 1 in 5 Canadians will experience a mental illness or addiction issue
By age 40, 1 in 2 Canadians will have or have had a mental illness
46% of Canadians think people use the term mental illness as an excuse for bad behaviour
27% of Canadians say they would be fearful of being around someone who suffers from serious mental illness
In any given week, 500,000 people are unable to work due to mental health problems, including approx. 355,000 disability cases due to mental/behavioural disorders and approx. 175,000 full time employees absent from work due to mental illness

For more information about bipolar disorders, the Canadian Psychological Association recommends visiting the following websites:

The Mood Disorders Society of Canada

http://www.mooddisorderscanada.ca/

The Depression and Bipolar Support Alliance

http://www.dbsalliance.org

The Canadian Mental Health Association

http://www.cmha.ca/

We understand how stressful it can be to receive a denial letter from your insurance company when you're going through a difficult time.

If you or someone you know have been denied disability benefits for any reason, do not hesitate to contact us for a free initial consultation that can be arranged at a time that is convenient for you.

Our lawyers have experience with representing clients for various physical and psychological illnesses, including short-term and long-term disability claims where people are unable to work as a result of symptoms of various mood disorders.

Your Right to Disconnect in Ontario

devops@elitedigital.ca (Dev Ops) — Tue, 08 Feb 2022 00:42:57 GMT

The digital age has blurred the line between work and home, while the COVID -19 pandemic has made this distinction almost disappear. As people shifted to hybrid or remote schedules, many of them had to work longer hours, stay on call, or be expected to answer urgent emails and messages after work.

Why The New Law is so Important to Ontarians

These new requirements, amplified by the stresses of the pandemic, made many employees in Canada feel on the verge of burnout . Under these circumstances, the demand for the right to disconnect from work to have a chance to recharge and spend quality time with the family became more and more prominent.

The new law regulating the right of employees in Ontario to disconnect from work and electronic communications was passed on November 30, 2021 , making Ontario the first among Canadian provinces to adopt the new labour practice. Keep reading to find out more about how the new law came about, what it means for you, and the grey areas in the right to disconnect in Ontario yet to be addressed.

How Did The New Law Come About?

Other countries have had similar regulations for the right to disconnect even before the pandemic. In 2016, France was the first to adopt the right to disconnect regulation in response to the impact of digital technologies on labour.

Following the lead by other jurisdictions, the labour ministry has established the Ontario Workforce Recovery Advisory Committee to "prevent Ontario from becoming a place where people burn out from endless work and where family time comes last." The committee has made recommendations that were incorporated in Bill 27, Working for Workers Act, 2021 , which included a number of labour-friendly requirements, such as the employer's obligation to establish a right-to-disconnect policy.

Bill 27 made Ontario the first in Canada to prioritize employees' work-life balance. As commented by the minister of labour, Monte McNaughton, the new measures are meant "to make it easier to spend time with family and loved ones, requiring most workplaces have a right to disconnect policy."

What Is Included in the New Law?

The Bill 27 came with several measures to "position Ontario as the best place in North America to recruit, retain and reward workers." Speaking about working conditions, the new regulation offers a number of labour-friendly advancements, such as:

the requirement that employers with 25 or more employees should have a written policy on employees disconnecting from their job,
ban on non-compete agreements , which prevented people from switching jobs to work in a business competing with their previous employer,
cancelling the requirement to have a Canadian work experience , previously applied to qualified immigrants seeking jobs in regulated professions,
requirement to businesses to let delivery drivers and couriers use the company's washrooms,
requirement to recruiters to have a license "to carry on business with honesty and integrity."

What Does The Right to Disconnect Actually Mean?

According to the new law, disconnecting from work means "not engaging in work-related communications, including emails, telephone calls, video calls or the sending or reviewing of other messages, so as to be free from the performance of work." The law further requires that businesses that employ 25 or more employees should have a written policy on disconnecting from work.

At the same time, the Bill is not specific about what exactly a company policy must say. In other words, while the law obliges companies to inform employees when they should work, it doesn't prevent businesses from actually requiring employees to be on call if presumed by the policy.

What Are the Possible Exceptions?

Similarly, the new law doesn't make it clear if the right-to-disconnect policy would apply to all businesses or employees or if there would be any exceptions. For example, the Employment Standards Act, 2000 (ESA) includes special rules and exemptions for the following categories:

EMS, healthcare and health professionals
manufacturing, construction and mining
hospitality services and sales
transportation
agriculture, growing, breeding, keeping and fishing
household, landscaping and residential building services
government employees and professionals

The Employment Standards Act covers some of these categories only in general, while certain categories of employees are regulated by special rules. It is expected that the right to disconnect in Ontario for these employees will be addressed in the following regulations.

What Are Your Remedies

In Canada, most employers have to observe the limits to the number of hours an employee is required to work. If you are in Ontario, in most cases, you cannot be required to work more than eight hours per day without a written agreement.

If your employer consistently asks you to work after hours, for example, requesting you to be on-call, you may have the right to constructive dismissal that is asking for termination with full compensation for the losses (aka severance pay).

Important Takeaways

It's Progress

The new legislation marks an important step in improving work-life balance and protecting people's family time. The new Bill 27 defines the right to disconnect in Ontario, among other requirements, designed to address the global challenges of the post-pandemic digital world.

Further Guidance is Still Needed

Apart from specifying what the right to disconnect is and obliging employers to draft a relevant policy, the new law doesn't provide further guidance on what such policies should include or exclude. It also doesn't address any exceptions which might be in place for regulated categories of workers mentioned in the Employment Standards Act.

When Will Further Guidance Be Given?

It is expected that the Standing Committee will further address the existing gaps in early 2022. For now, if you are interested in having a better understanding of your right to disconnect in Ontario and your employer's expectations surrounding overtime, bookmark this post for future updates.

If you have any questions regarding the right to disconnect in Ontario or other concerns related to your employment contract, please do not hesitate to speak to experienced employment lawyers from Aaron Waxman & Associates in Toronto. Call us by our toll-free number 1-844-583-4878, email us or reach out through our website for a free consultation on how we can assist you.

Cancer and Disability Claims

devops@elitedigital.ca (Dev Ops) — Thu, 03 Feb 2022 20:14:17 GMT

Disability benefits are meant to provide a source of income during a time of need. Like, for example, when you are unable to work as a result of illness or injury.

Cancer patients may find that their claims for short-term or long-term disability benefits have been denied as a result of treatment being finished. The expectation is that you would have recovered and should be able to perform your job or any occupation.

This guide will cover:

Complications/side effects of cancer treatments
Why your STD or LTD claim might be denied
What to do if your disability claim is denied

Complications/side effects of cancer treatments

It is quite common for benefits to be approved during the period of time that a person is undergoing treatment for cancer. This could include the date of surgery and prescribed recovery period, the timeframe for chemotherapy or radiation, and general recovery period for those treatments.

However, the path to recovery is different for everyone. It may take some people longer than others to recover from surgery, chemotherapy and/or radiation treatment. As well, there are many negative side effects as a result of surgery and cancer treatments.

These include:

weight loss
fatigue
cognitive impairment
depression
anxiety
lymphedema
pain/numbness in the areas of radiation treatment
digestive issues
loss of bladder control

Your treatment may be completed and the expected recovery time from surgery may have past, but you may not be ready to return to work. You may have developed pain, fatigue, weakness and psychological symptoms as a result of your experience and your cancer treatment.

Reasons your disability claim might be denied

If your post-treatment symptoms are preventing you from performing your activities of daily living and regular routine, including working, you may need more time for recovery. This means that you may need to remain on long-term disability. However, your insurance company may disagree and may try to encourage you to return to work.

Here are some common reasons for STD and LTD denials for cancer claims:

Lack of supportive or objective medical evidence

Your oncologist may find your cancer to be in remission or find no evidence of metastasis on imaging/testing. Your insurance company can take this as a signal that your condition has stabilized and you should be able to return to work.

Still, many treatments cause long-term side effects and cancer patients might experience difficulties working in their occupation or in any occupation. For example, you may be required to be on hormone replacement therapy that has severe side effects. Or maybe you have developed cognitive difficulties and would therefore find it difficult to work in an office setting. It may also be unsafe to work with machinery/in a safety sensitive job. Also, fatigue may make it difficult to get through many of your essential duties.

You can perform the duties of your own occupation

If your insurer feels there are no proven medically supported restrictions or limitations, they may deny your claim on the basis that you should be able to return to your pre-cancer occupation.

If you worked at a desk job prior to the onset of your illness, the insurance company may not understand that side effects from treatment can impact your ability to perform duties that are done while seated.

You can participate in a graduated return to work plan

Your insurance company may assign a rehabilitation consultant to your claim to assist you with a return to work plan based on their assessment of your file. They may have requested a medical consultant review or asked your treating physicians about your restrictions and limitations.

Under a return to work plan, you would gradually build up the number of hours/days you work until you reach the same hours you previously worked.

However, you may be unable to participate in the return to work plan due to your symptoms. Your insurance company may not find that the medical evidence supports an inability to work, and it is their opinion you are not totally disabled and therefore able to gradually return to work.

You can participate in a work hardening/work conditioning program

A rehabilitation consultant may also be asked to arrange what is known as a work hardening program (or work conditioning program), as the insurance company believes that this may assist you in getting back to work.

A work conditioning program can involve working with an occupational therapist, physiotherapist and/or kinesiologist. The goal would be to increase your endurance and improve your physical and/or psychological position.

You may have difficulties completing the program; it may worsen your symptoms. It is important to provide medical evidence to the insurance company to show why you are not able to participate in the work plan, and your treatment provider should clearly outline the restrictions and limitations that affect your ability to participate.

You can perform the duties of an alternate occupation

If you have been on claim for some time and are nearing the change of definition date, or it is evident you will not be able to return to your previous employer, your insurer may request that a vocational specialist prepare what is called a Transferable Skills Analysis (TSA). This will help them see what your "transferable skills are”, if any. They are trying to determine if there are other jobs you may be able to perform that match up with your education, training and experience.

If a TSA identifies alternative occupations, your insurer may take the position that you should be able to work in one of these occupations. Therefore you no longer meet the test for totally disabled.

COVID-19 and cancer claims

As a result of the COVID-19 pandemic, many cancer patients have had their surgeries delayed or have delayed their chemotherapy/radiation treatments.

As one of the reasons for denial can be due to not seeking the expected treatment for your condition, insurance companies might deny your claim on the basis of failure to seek appropriate treatment. However, you may also be experiencing increased anxiety or depression as a result of the pandemic, and fear of being immunocompromised and high risk.

What you can do if your claim is denied

If your short-term or long-term disability claim has been denied for any reason, do not delay in seeking legal advice to find out what your rights are. If you wish to start a court action, it is important to find out when your limitation date to sue your insurance company is.

Even if your claim is denied, you should still continue to seek treatment and medical attention (and follow medical advice) as you normally would. It is important that you always report your symptoms to your doctors/treatment providers so they can document them and refer you to any additional specialists.

One of the important elements of a disability claim is to show continuous disability, therefore documenting your symptoms and treatment is very important.

At Aaron Waxman & Associates, we understand that your recovery and health are important. We understand the importance of focusing on recovery. We offer a free, no obligation initial consultation where we can answer any questions you may have about your rights and your long-term disability benefits. There are no bad questions. There are no upfront legal fees. We only get paid, when you get paid.

Why Canadian Psychology Month Matters

devops@elitedigital.ca (Dev Ops) — Sat, 29 Jan 2022 16:34:21 GMT

It was recently Bell Let’s Talk Day, a day to discuss mental illness and to promote mental health awareness . The month of February has been designated as “Psychology Month” in Canada. Why does this matter?

Mental illness is one of the leading causes of disability. It is important to bring more awareness to foster greater understanding, so everyone recognizes that impact it has on a person’s ability to function.

The impact of mental illness

There are many types of psychological illnesses which could affect your ability to work and lead to a short-term disability claim or long-term disability claim.

A mental illness can disrupt various realms of your life including your employment, your ability to interact and socialize and your ability to take care of yourself (hygiene, nutrition, sleep). Your overall functioning is affected.

For example:

Major Depressive Disorder

Major depressive disorder (clinical depression) affects 1% of Canadian men and 2% of Canadian women at any point in time and 5% of men and 10% of women will experience clinical depression in their lifetime. According to the Canadian Psychology Association, depression is often a recurring condition and someone who has one episode is at risk for recurrence.

Generalized Anxiety Disorder

Generalized anxiety disorder can lead to social phobia, panic disorder (severe panic attacks) and depression. One out of every twenty people will experience generalized anxiety disorder. Symptoms included chronic excessive and uncontrollable worry, fatigue, difficulty concentrating, irritability, muscle tension and sleep difficulties.

Obsessive Compulsive Disorde r

Obsessive compulsive disorder involves recurrent and persistent intrusive thoughts, images or impulses that are unwanted and cause significant distress (“obsessions”). According to the Canadian Psychology Association, the more common obsessions involve contamination, loss of control, doubts about one’s verbal or behavioural responses, possibility of sudden sickness. Compulsions involve repetitive behaviours or acts performed to prevent or reduce the distress or negative consequences represented by the obsession such as prolonged washing, repeated checking or counting/repeating a certain phrase. It is estimated that 1 to 2% of Canadians will have an episode of obsessive compulsive disorder.

Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) can affect a person for several years. Research suggests that 10-20% of people are disabled for several years after the onset of PTSD. It is important to note that PTSD does not only occur because of combat and disaster, it also happens as a result of sexual or physical assault, life threatening illnesses, transportation/industrial accidents or repeated exposure to other’s physical trauma. It has been found that people who have a history of depression, anxiety, or other traumas are more susceptible to developing PTSD.

When someone is unable to work due to their mental illness

What happens during the claim for disability?

During a disability claim , your insurance company wants to see that you are attending the right type of treatment.

Getting treatment

Treatment for a mental illness can include seeing a psychiatrist, taking prescribed medication, psychotherapy with a psychologist or someone licensed to provide this type of therapy and “targeted” treatments such as cognitive behavioural therapy, dialectical behavioural therapy or a mindfulness based stress reduction course or group therapy.

Review of treatment

Sometimes, your insurance company may feel you are not receiving the right type of treatment or enough treatment and arrange for you to see a psychologist/psychotherapist who will provide cognitive behavioural therapy for a limited period (for example, 8 to 10 sessions).

Treating Physician's input

Your insurer may ask your own doctor for input to see if this type of treatment would be beneficial. It is important to make best efforts to participate in this treatment to show your insurance company that you are an active participant in your recovery. Usually the goal of treatment is to prepare you for a gradual return to work.

Gradual Return to Work Plan

In many claims, the insurance company will write to your treating physician to ask if you can return to some form of work and participating in a gradual return to work plan. The therapist you are receiving treatment from will be consulted as well.

Medical Consultant

Your insurer also uses a medical consultant to review your claim (maybe on more than one occasion) when your restrictions and limitations are not clear to them or the impact of a diagnosis is not clear, and to ask for recommendations.

Independent Medical Examination

In some claims, the insurance company might even arrange an independent medical examination with a psychiatrist and/or psychologist to clarify diagnosis, restrictions and limitations and treatment recommendations.

What is the insurance company looking for?

A mental illness is often categorized as an “invisible illness” because there are no “objective” tests that would easily show a diagnosis or explain symptoms the way that bloodwork or an x-ray would. Your insurance company is looking for evidence that you have restrictions and limitations affecting your everyday functioning.

In order to demonstrate the impact of your symptoms and diagnosis, you should

It is really important for your insurer to understand your limitations and restrictions

Your doctor may impose restrictions because you have cognitive/psychological impairments as a result of your illness, such as

What if my claim is denied?

Your claim may be denied at the outset, or you may be paid benefits for a period of time. In either case, when you receive a denial letter, it is important to remember that you can fight the insurance company’s decision. You can consult a lawyer to find out your rights as an insured person and what your options are.

Sources used for this post:

We Support Bell Let's Talk

devops@elitedigital.ca (Dev Ops) — Mon, 24 Jan 2022 18:37:28 GMT

As lawyers who handle short term and long term disability claims for all types of illnesses and injuries, we understand how a mental illness affects a person’s ability to work and various other aspects of a person’s life.

On January 26, 2022, it is Bell Let’s Talk Day . Bell Let’s Talk Day is an important day. It is about increasing awareness, reducing stigma, and helping to change behaviours and attitudes about mental health issues.

A 2019 survey conducted by Nielsen Consumer Insights found that 84% of Canadians now say they are comfortable discussing mental health with others, compared to 42% in 2012.

A poll done in December 2020 showed that, since the COVID-19 pandemic began, more Canadians then ever have been diagnosed with depression (15%) and anxiety (23%). This is due to the challenges that have occurred since the pandemic began. This only proves how important promoting awareness of mental health is in todays world.

Types of Mental Illness

There are various types of mental illness, and all of them can have a serious impact on both the individual and his or her family.

These include:

Mood Disorders

Includes depression and bipolar disorder .

Anxiety Disorders

The most common type of mental disorder.

Schizophrenia

Includes Paranoid Schizophrenie

Eating Disorders

Includes anorexia and bulimia.

Personality Disorders

Includes borderline personality disorder, obsessive-compulsive personality disorder or antisocial personality disorder.

Important Facts to Consider*

Part of Bell’s campaign is to make Canadians realize that mental illness is everyone’s concern. It affects Canadians at some point in their life either through their own experience, or that of a family member or friend.

How Does It Work?

On this day, Bell Canada will donate 5 cents towards mental health initiatives for each of the following:

What is the Bell Let’s Talk Mental Health Initiative?

Bell Let’s Talk has developed a mental health initiative and 5 ways to help end stigma.

These include:

Anti-Stigma

Stigma is a big hurdle for anyone suffering from a mental illness and is the number one reason why two-thirds of those living with a mental illness do not seek help. Bell Let’s Talk awareness campaign and Bell Let’s Day opens the national conversation about mental illness across Canada. It is about growing the dialogue on mental health.

Care & Access

Bell Canada supports a variety of organizations. Only one-third of those who need mental health-related services in Canada will receive treatment. This is due to the stigma associated with mental illness or because they do not have access to programs in their community.

Workplace Health

Mental health is the leading cause of workplace disability in Canada and represents 15% of Canada’s burden of disease. The cost of a STD or LTD leave for a mental illness is around double the cost of a STD or LTD leave due to a physical illness. Bell practices workplace health and encourages greater corporate engagement across Canada.

Research

Bell is investigating in the best-in-class research programs with the potential to have a transformative impact on Canadians. Around the world, hundreds of millions of people are affected by mental illness. In fact, mental health problems are the single largest cause of disabilities in the world.

5 ways to help end stigma

Bell Let’s Talk also provides 5 ways Canadians can help end stigma.

Language Matters

Why?

Because while words can be comforting, words can also be hurtful, and it’s important to pay attention to the words you use.

How To Help

By explaining to friends, relatives and colleagues that using words like “psycho” or “crazy” without thinking can be hurtful and provide an alternative view.

Educate Yourself

Why?

Unfortunately there are many myths that still exist about mental illness that contribute to stigma.

How To Help

Learn the facts about mental illness. By learning more, knowing more and becoming knowledgeable, you can help fight stigma with facts.

Be Kind

Why?

Small acts of kindness speak volumes.

How To Help

Don’t stand by if someone is being labelled or bullied.

Treat a person who has a mental illness with the kindness and care you give to people with other illnesses (i.e. physical illnesses) through a friendly smile, a helping hand, a phone call or a visit. Let them know you care.

Listen and Ask

Why?

Sometimes it’s best to just listen.

How To Help

Don’t trivialize someone’s illness. A suggestion is, “I’m sorry to hear that, it must be a difficult time. Is there anything I can do to help?”.

Talk About It

Why?

Start a dialogue, not a debate.

How To Help

Break the silence. Talk about how mental illness touches us all in same way, be it directly or through a friend, family member or colleague.

Stories of lived experience are the best way to help eradicate stigma.

Support mental health and anti-stigma programs in your community.

Why mental health awareness matters right now

As a result of the pandemic, more people have been experiencing symptoms of anxiety and depression, and those people who already were diagnosed with a mental illness may be experiencing increased symptoms.

According to a recent poll, Canadians are reporting experiencing more anxiety and depression than before.

The poll conducted by Mental Health Research Canada in December 2020 polled 2,761 and found:

2% of Canadians surveyed reported being diagnosed with depression
20% of those surveyed said they had received an anxiety disorder diagnosis
Self-reported feelings of anxiety and depression were also found to be at all time highs
Respondents indicated that social isolation has negatively impacted their mental health
36% of respondents indicated that working from home has negatively impacting their mental health and is stressful

Taking care of your mental health

So how can you help your mental health during this time?

Some tips offered by the Bell Let's Talk website include:

Try to unplug from media/the news and find a balance
Physical distancing does not mean you have to be alone (thanks to technology)
Remember you are not alone
Remind yourself it's okay not to be okay
Take care of your body - because body and mind are connected

*Facts and statistics have been provided by the Bell Let’s Talk Campaign website and the CMHA website.

Social Media and Personal Injury Cases

devops@elitedigital.ca (Dev Ops) — Sat, 15 Jan 2022 22:59:37 GMT

Listen to this blog post

Social media is important when it comes to personal injury claims, as insurance companies, their lawyers and judges often use it as a source of evidence. Insurance companies use social media as a way to investigate personal injury claims and the impact that an accident had on someone’s life. Social media posts that show that you are having a good time or in some other way show (to them) that your claim is not real, can result in your claim being denied. So you could also lose your accident benefits or long-term disability benefits.

To avoid this happening and compromising your personal injury claim or LTD benefits, consider either changing your social media account settings to private, deleting certain posts or closing your accounts altogether. Still, if your insurance company sees something before this happens, it can still be used against you.

Nowadays, almost everyone has a social media account. Or their spouse, kids, friends or family members do. In short, at some point you are sure to turn up on social media. As a result of this, the Canadian courts have made a few changes related to social media and personal injury cases. There are guidelines that lawyers must follow when using social media and personal injury claims, and when using them to build a case against you.

How Do Insurance Companies use Social Media as Evidence?

Insurance companies use various tactics to deny personal injury claims, including hiring private investigators to find evidence to discredit you. One of the things that they look at is social media. They use it as a way to run surveillance on you to find out if it’s possible to discredit you and deny your personal injury claim. Because of this, social media is a very important tool for private investigators, as it’s very easy to access and find contradicting evidence, and to dig into your personal life.

Insurance companies take what is found on social media (videos, photos, comments, etc) and may use it against you. This could be for an accident claim or LTD claim that has caused physical or psychological harm. As a result, social media and personal injury claims are very connected, and as a person making a claim, it’s important to keep this in mind. Anything posted on social media after the date of your accident can be used to dismiss your claim.

Approach to Social Media Evidence by Courts in Canada

Since the early 2000s, the Canadian Courts have been using various approaches when it comes to having people produce their social media in personal injury cases. One of the biggest cases with this approach was in 2018, where the Ontario Court of Appeal produced important guidance in relation to using surveillance and Facebook posts in the case of Nemchin v. Green, 2019 ONCA 634 .

In this case, Tanya Nemchin was granted $700,000 in damages due to PTSD after a motor vehicle collision, which then went to the Ontario Court of Appeal. The insurance company argued the decision made by the trial judge to exclude her Facebook posts as evidence.

The Court of Appeal stated that those videos could provide context and be used as evidence in the personal injury case. The Court of Appeal further stated that the trial court's task during the preliminary examination was to look at each piece of evidence and use discretion to determine whether it is admissible.

The Court of Appeal also said that a trial judge must ensure that the use of surveillance videos should not impair trial fairness. As well, the Court of Appeal has since allowed surveillance evidence and further noted that "a video recording is admissible as soon as it is established that it depicts the scene and has not been altered or changed."

The Nemchin v. Green case was a key player in setting up the use of social media and personal injury cases. It showed that social media evidence can be used to prove your personal injury claim, and can be used by your insurance company to discredit it.

Does Keeping Social Media Accounts Private Make Any Difference?

It has become common practice for many insurance company’s lawyers to ask for social media in personal injury claims to anyone making a claim. As a result, some people do consider keeping their social media accounts private or limiting access to their profiles to avoid anything being used against them to deny their claim.

However, in reality, this doesn’t actually work. When social life is involved in a personal injury claim, the person making the claim may still be required to give the insurance company access to their accounts.

A well known case that dealt with this is the Isacov v Schwartzberg case. In this case, Maya Isacov stated that she can no longer run and will never be able to wear high-heels again as a result of injuries from a pedestrian accident. Evan Schwartzberg’s team then found photos on one of Maya’s friend’s Instagram account showing her dancing on a dance floor wearing high heels. The Ontario Superior Court of Justice ruled that because Maya claimed her social life as an issue (wearing high heels), she should provide her social media pages, including Facebook and Instagram, for three years following the accident up to the trial date.

In the case of Leduc v. Roman , the court also cited that when "a party who maintains a private or limited access Facebook profile stands in no different position than one who sets up a publicly-available profile. Both are obliged to identify and produce any postings that relate to any matter in issue in an action”.

What Can I Do to Protect my Case from Being Compromised by Social Media Posts?

Social media poses a serious risk of harming a personal injury case or can cause you to lose your LTD benefits. However, given how active some people are on social media, closing accounts or not posting anything may not be a viable option. Changing your privacy settings also won’t matter, as the court may still require you to produce your posts.

The good news is that there are options that can decrease the chance of your insurance company using your social media posts to fight a personal injury claim.

Here are a few tips:

Speak to an experienced personal injury lawyer so that you are well prepared before any trial or discovery.
Limit your activity on social media as much as possible after the date of the accident to avoid posting anything that your insurance company could potentially use against you.
Don’t accept a friend or follow request from anyone that you don’t know. This helps to prevent someone going under an alias from accessing your account if it’s private. It could be your insurance company or a private investigator trying to snoop.
Be careful what your friend’s and family members post, especially if their profile is public. Your insurance company can and will use their posts of you as well.

Contact Us

Success in winning a personal injury claim depends on many factors, including a cautious approach to social media. Be aware that social media accounts in a personal injury case can be used by your insurance company to dismiss your personal injury claim or minimize your LTD benefits.

If you have any further questions about using social media after an accident, or have other issues related to your personal injury case, please do not hesitate to speak to the experienced personal injury lawyers from Aaron Waxman and Associates. Call us toll-free at 1-844-583-4878, email us or reach out through our website for a free consultation.

Post-COVID Syndrome and Disability Claims

devops@elitedigital.ca (Dev Ops) — Tue, 07 Sep 2021 12:22:56 GMT

More than a year into pandemic life, we are still subject to many restrictions and dealing with a "new normal" and ongoing variants of concern. While there is hope due to vaccines, there are people who have had COVID-19 and have become "COVID long-haulers" because they have been left with lingering systems after contracting the virus.

Doctors have named this syndrome "Post Acute COVID-19 Syndrome", also referred to as "Post-COVID-19 Syndrome", long-haul COVID or long COVID.

This blog will cover:

What is Post Acute COVID-19 Syndrome?
How does it affect my ability to work?
What do I need to know when making a disability claim?
Why would my claim be denied?
Why should I fight the insurance company's denial?

What is Post Acute COVID-19 Syndrome

Post Acute COVID-19 Syndrome is the term used to describe the lingering and life-altering symptoms people experience after being infected with COVID-19. These individuals may have recovered from the acute phase of the illness and no longer test positive for the virus but the virus left long-lasting symptoms.

According to the Centers for Disease Control and Prevention, there are also variety of post-COVID conditions including:

new or ongoing symptoms in people who did not have a severe case of COVID-19 initially
multi-organ or autoimmune effects of COVID-19
effects of COVID-19 illness hospitalization such as post-intensive care syndrome including weakness, difficulties thinking and PTSD

Symptoms include:

mood disorders (anxiety, depression, PTSD)
severe fatigue
cognitive impairment ("brain fog")
neurological symptoms
respiratory symptoms (shortness of breath)
sleep disturbances
joint pain

According to an article from CTV News , a review of several studies published in the journal "Nature Medicine" found that the most common symptoms experienced by COVID long-haulers include fatigue, shortness of breath, anxiety, depression and PTSD. Studies from China, Britain and France demonstrated that 25-30% of patients reported sleep disturbances weeks after recovering from COVID-19. Of a study of 402 patients in Italy who had been hospitalized it was found that 56% tested positive for at least one psychiatric condition.

A study of 100 patients seeking treatment for long-haul COVID (approx. 3 months post-infection) was conducted by the Mayo Clinic between June 1 and December 31, 2020. The most common symptom was unusual fatigue at 80% and approximately 59% reported respiratory complaints and neurological complaints. More than one third of patients described difficulties performing their basic activities of daily living. One of the study's authors notes that most of the patients had no pre-existing conditions prior to infection and did not have symptoms requiring hospitalization. It is noted that most of the patients had normal/non diagnostic lab and imaging results, despite having debilitating symptoms.

There is not a clear link between typical risk factors and long-haul COVID as people who had mild cases of COVID-19 can develop post-COVID-19 syndrome.

A recent study from Johns Hopkins University indicates that there are biological similarities and symptom similarities in long-haul COVID and chronic fatigue syndrome. As a result, people who experience long-haul COVID will also show signs of chronic fatigue syndrome.

According to researchers, these include:

signs of oxidative stress
brain inflammation
hypometabolic state similar to an underactive thyroid

The research has also shown that many patients with pneumonia or lung inflammation caused by COVID-19 show signs of oxidative stress, similar to chronic fatigue syndrome.

Another study from Oslo University Hospital found that 1 in 10 COVID-19 patients had memory loss more than 8 months after infection. This study, as other studies, found that more than half of these patients continued to suffer from persistent fatigue and approximately 20% found their symptoms limited their daily activities including their ability to work. The study involved more than 2100 adults.

How can Post COVID-19 Syndrome affect my ability to work?

Post COVID-19 syndrome involves physical, psychological and neurological symptoms. These symptoms cause difficulties with activities of daily living, including the ability to attend work regularly and perform employment duties.

Post COVID syndrome can make it difficult to perform a physical or sedentary job. Symptoms such as fatigue, shortness of breath, memory loss and brain fog would make performing a job such as warehouse worker or construction worker difficult and dangerous.

Symptoms such as anxiety, depression, chronic persistent fatigue, memory loss and PTSD would make performing the job duties of an administrative assistant or call centre agent difficult due to difficulties concentrating, focusing and with interpersonal interactions.

What should I know when making a disability claim?

When you apply for short-term or long-term disability benefits, it is important that both you and the doctor completing the forms for you provide as much information as possible.

Post COVID-19 Syndrome may be a new diagnosis, but the symptoms can be very severe and debilitating. You may test negative for COVID-19 or there may not be diagnostic imaging that can confirm your symptoms so providing that type of evidence may be a challenge.

When you complete the Employee Statement/Plan Member Statement you should explain how your symptoms prevent you from performing the duties of your job. It is important to be specific and you may want to give examples. You also will have the opportunity to describe any treatment you have received or will be receiving, any doctors you are seeing/waiting to see and any future testing you are waiting for. This way the insurance company knows that you are actively seeking treatment for your condition.

You should give the Attending Physician Statement to the doctor that is the most familiar with your condition. The doctor will list a diagnosis (or diagnoses) and explain your symptoms, restrictions and limitations. Doctors are also asked to comment on prognosis and duration of disability. It is important that your doctor be very descriptive and provide a clear explanation for your inability to work. If you are waiting to be seen by a specialist and a diagnosis is pending, this can also be indicated on this form. Your doctor can also attach any specialist reports, diagnostic imaging or clinical notes and records that support your case.

The earlier your insurance company receives this information the better.

For more details about the application process, read our helpful blog here .

Why would my claim be denied?

There are a variety of reasons why your insurance company could deny your claim.

Common reasons we see include:

lack of objective medical evidence
unclear restrictions or limitations
you are not attending treatment appropriate for your condition
you are not under the care of an appropriate physician
you should still be able to perform your job or modified duties
you should be able to perform an alternate job that you are qualified for

For more information about reasons for denied claims, check out our Knowledge Centre.

Why should I fight the insurer's decision?

Received a denial letter? This does not mean your claim is over.

You do have the option to fight the insurance company's decision.

Your insurance company has an internal appeal process where you can submit further information to support your claim. There are typically three levels of appeal. However, this process can take many months or longer and you may not be successful with your appeal. This may also be additional stress at a time that is already difficult for you.

You can also fight the insurance company's decision by starting a legal action against them. When you hire an experienced disability lawyer, your lawyer can start the lawsuit against your insurance company as soon as possible so your insurance company knows of your decision to fight the denial. Once you hire a lawyer, you will not longer have to have contact with the insurance company. Your lawyer will communicate with the insurance company/their lawyer and take that stressor away from you.

Hiring a lawyer is an important step in fighting a denial decision.

What To Expect At A First Meeting With Your Lawyer

devops@elitedigital.ca (Dev Ops) — Mon, 02 Aug 2021 00:20:26 GMT

What types of cases can you help me with?

Our law firm assists the people of Ontario with disability , personal injury and employment claims.

Why should I hire a lawyer?

You’re injured as a result of a car accident or slip and fall or you have a denied disability claim. You have serious injuries or have a serious illness and are unable to work. Or maybe you have been wrongfully dismissed or experienced harassment at work. You are contemplating contacting a law firm, but you are worried about legal fees, costs associated with a law suit and if your case would ever settle.

This blog will address some of these issues as well as:

What to expect at an initial consultation with a lawyer
How lawyers get paid
What to look for when looking for a lawyer
How a lawyer can help

What to expect at an initial consultation with a lawyer

You may be wondering what to expect at the first meeting with a lawyer. Do you have to bring certain documents and remember certain dates and details?

Free Consultation

The first thing you should know is that when you consult one of our lawyers, it won’t cost you anything. The first consultation is always free. There are no hidden fees; we don’t charge an hourly rate.

Bring ID

For any type of claim, it is important that you bring your government issued photo ID such as a driver's license (or another form of picture ID) with you so that your identity can be confirmed, and because it is required that your lawyer have a copy of your ID for their records once you become a client. You should also bring your Health Card and social insurance card (or know your SIN) as this information will be required once you are a client so your lawyer can request the appropriate records.

Details About Yourself

During the meeting, you will be asked questions about your education, employment, medical history so your lawyer can get a sense of your background and experience. It helps if you can provide the names of any medications you are taking, and the names of all the doctors/specialists you are seeing and any treatment facilities you are attending.

Medical Records

If you are wondering about bringing in medical records, your lawyer will be requesting relevant medical records after you sign what are called authorizations (a document that allows your doctors to release records to them) in order to have medical evidence to support your case. If you have doctor’s notes/reports that you have submitted to your insurer during the course of your claim for long-term disability benefits (if you tried to appeal on your own for example), you should bring them to the initial meeting, so your lawyer can have a sense of your condition.

Disability Claims

One of the most important pieces of information your lawyer is looking for when it comes to disability claims is the denial letter from the insurance company. If you have a copy of this letter, you should provide it to your lawyer, and provide your lawyer with copies of all correspondence from the insurance company. If you do not have a copy, you need to provide your lawyer with as many details as possible about the denial of your claim.

Your lawyer needs to know information such as:

Your date of disability
How long you were paid benefits for (if you were paid benefits at all)
When the benefits were terminated or denied, and
If you appealed, when the appeals were denied.

If you have a copy of your benefits booklet/policy, it is recommended you bring those as well.

Employment Claims

When it comes to employment matters, a detailed description of the events that occurred at work is important. If you have time to prepare an outline of what happened before the meeting or shortly after, it will help your lawyer understand what transpired.

Any letters received from your employer such as termination letters/severance offers are important or copies of correspondence relating to such matters. If you have a copy of your employment contract, that is also helpful for a lawyer to review.

Personal Injury Claims

For personal injury matters such as slip and fall/trip and fall claims, documents such as incident reports, witness information, pictures, or anything recording the details of what happened is helpful for your case.

For a motor vehicle accident claim, you will want to bring your insurance information and a copy of the motor vehicle accident report/collision report and any documentation received from your insurance company.

As with a disability claim, your lawyer will need to know the names of your doctors, clinics, medications etc. as it is important to show how your life has changed since the incident. The same applies for a not-at fault car accident.

How do I know if a lawyer is right for me?

You want a lawyer that treats you with respect and listens to you without making you feel rushed and answers all of your questions.

You want a lawyer that will:

Explain how their retainer agreement works so you understand how the legal fees work
Be accessible if you need to speak to them (i.e. easy to book an appointment with)
Explain things to you in a way you understand (i.e. legal terminology)
Advise you of all your legal rights and the legal remedies available to you
Be honest about any concerns there may be regarding your case

How do lawyers get paid?

Many personal injury lawyers and disability lawyers use contingency fee agreements . Many people are concerned about the costs of hiring a lawyer and about ongoing legal fees. Affordability should not be a concern for people seeking legal help.

A contingency fee arrangement means we take on your case and agree to be paid only if we are successful in achieving a settlement or obtaining a Judgement at trial. This means we do not get “paid” unless and until your case settles. This means there are no upfront or ongoing legal fees that you have to worry about.

How does a lawyer help?

To help interpret your insurance policy

The language of your insurance policy is complex and the terms can seem as though they are in a different language. You may not understand what these terms mean or how they apply to your particular situation. A lawyer can interpret them for you.

To help you to understand the denial letter

Letters from the insurance company may contain terms that are ambiguous or unclear. Receiving a letter with terms you do not understand can be very frustrating and distressing.

Communicating with the insurance company

You will not have to communicate with the insurance company any more. Once you hire a lawyer, your lawyer will communicate with the insurance company and/or their legal counsel, once a lawyer is retained. This will take some stress off of you as you do not have to worry about phone calls from your insurance company and all communications go through your lawyer.

To help you to understand correspondence from your employer

If you are pursuing an employment matter or have employment concerns, a lawyer can review the correspondence you have received and explain what options you have and what possible legal remedies there are.

Start a court action

A lawyer can commence a court action against your insurance company or against the party (ies) responsible for your car accident or personal injury. Once you hire a lawyer and instruct your lawyer to start a court action (commence the lawsuit) against your insurer/the responsible parties, your case is in the court system as soon as possible.

Protect your interests

A lawyer will protect your best interests. When you hire an experienced lawyer, your lawyer will keep your best interests in mind when negotiating a settlement on your behalf.

Know your rights

It is always important to know your rights and any obligations you may have as an insured person, as an employee or as the victim of a car accident/personal injury and a lawyer can help you do so.

COVID-19 and Mental Health

devops@elitedigital.ca (Dev Ops) — Sun, 01 Aug 2021 18:14:44 GMT

The COVID-19 pandemic has been challenging for everyone. We have had to limit socializing and physical interactions with family, friends and loved ones during multiple lockdowns and stay at home orders. Many people have experienced severe loneliness and isolation as a result and many people have experienced symptoms of mental illness.

This blog will discuss:

The Impact of COVID-19 on Mental Health
COVID-19 and Returning to Work
The Disability Application Process
Tips and Helpful Resources
How We Help

The Impact of COVID-19 on Mental Health

It's been a time of chronic stress due to increased financial pressure, job loss/layoffs/job insecurity, fear of contracting coronavirus or of a loved one catching it, fear if you have an autoimmune/compromised immune system or are at higher risk.

Many people have been experiencing symptoms of anxiety and depression for this first time. Those who already experienced anxiety and depression or other types of mental illnesses such as obsessive compulsive disorder found their conditions to be exacerbated.

The idea of coronavirus related anxiety has even led professors from Kingston University of London and London South Bank University coined the term " COVID-19 Anxiety Syndrome " to describe the phenomenon. The professors authored a paper in Psychiatry Research Trusted Source which was first published in October 2020. The paper described the various characteristics of COVID-19 Anxiety Syndrome such as avoidance, compulsive symptom-checking, worrying, and threat monitoring (combined).

It is felt that people with COVID-19 Anxiety Syndrome present as unable to leave the house due to their COVID-19 fears, frequent checking for symptoms (without having to be in a high-risk scenario) and avoiding social situations/people. It is also noted that people with this syndrome usually experience symptoms such as increased anxiety, health anxiety, general stress, post-traumatic stress and suicidal ideation.

Doctors have also coined the term "Post COVID-19 Syndrome" (previously called COVID longhaulers) to describe the collective group of symptoms that people continue to experience weeks and months after they first contract COVID-19 and no longer test positive for it. People who experience Post COVID-19 Syndrome often report symptoms such as severe fatigue, brain fog, mood disorders and sleep disturbance. You can read more about this syndrome in our blog post here.

COVID-19 and Returning to Work

With the province and much of the country in the reopening phase, more people are getting ready for a return to the workplace but they may be feeling increased stress and anxiety about it.

Why Are Employees Concerned?

Many people may be concerned about whether or not their employer will be putting proper safety protocols in place for employees (i.e. providing proper personal protective equipment and requiring employees to use same).

If you have been working from home for over a year may be experiencing increased anxiety about returning to the office. Or maybe you are concerned about how you will get to work if you require public transportation and have no other way to get to work. We understand how using public transportation could cause increase worry, particularly if you have a compromised immune system or experience severe anxiety.

If you work in a customer facing role or a setting such as a grocery store, retail store or restaurant, the prospect of restrictions lifting (like allowing the store to operate at full capacity) can be causing further stress and overwhelm. You may also have been recalled after a temporary lay off and may feel apprehensive about returning to work at an environment such as a factory or warehouse and working close to other people.

Wherever you work, we understand why this type of change might cause symptoms of anxiety and worry. For people who already experienced anxiety disorders, depression or other mental illnesses, this might add to their symptoms. Increased anxiety might cause difficulties sleeping like insomnia and difficulties focusing.

Employee Rights

Under the Occupational Health and Safety Ac (OHSA), provincial workers have the right to refuse to work in a workplace they have reason to believe is likely to endanger them. The employee has the burden of proof to demonstrate that the environment is unsafe. The employer must show they have taken reasonable steps to make the workplace safe. It is important to know that employees should be know that an outright refusal to come into work can be interpreted as job abandonment, even if you have no intention of leaving your job. Of note, you should always document any conversations/communications you have with your employer about your safety concerns.

Under the Canada Labour Code , employees have three basic rights which are:

The right to know
The right to participate
The right to refuse dangerous work

This applies to federally regulated employees (i.e. transportation or banking).

For more information about employee rights, you can visit our blog post here.

The Disability Application Process

The application package for short-term and long-term disability benefits is comprised of 3 forms; the Employer Statement, the Employee Statement and the Attending Physician's Statement. You will also be asked to participate in what is known as a "functional telephone interview" with the case manager assigned to your claim.

The Employer Statement

The Employer Statement (also called the Plan Sponsor Statement) is submitted to the insurer by your employer. This form is a necessary part of your application as it contains information such as your salary, your typical weekly hours worked, your job duties and how long you have worked at the company. Your insurance company is particularly interested in knowing what your duties and responsibilities are as they need to understand how your condition would affect your ability to perform them.

The Employer Statement can also provide information such as workplace issues or absence issues, accommodations or performance concerns. Your employer might indicate if they noticed a change in your workplace performance due to your disability.

The Employee Statement

The Employee Statement (also known as the Plan Member Statement) is your opportunity to explain your condition. On this form, you can provide information about your condition, your symptoms, your treatment and treatment providers and any upcoming medical appointments/referrals or tests. You also may be asked to provide information about your job duties and why you feel you are unable to perform them and what barriers you have in terms of returning to work.

Other information that may be asked of you includes your previous employment experiences, training and education. This is because insurance company is gathering information to see what your transferable skills are.

When you are applying for disability benefits as a result of a mental illness, it is important to provide as much information as you can about how your condition affects your functional abilities.

The Attending Physician's Statement

It is recommended that the physician who knows the most about your condition completes this form for you.

Your physician, be it your family doctor or a specialist will be providing information such as:

The nature of your condition/a diagnosis
Your reported (subjective) symptoms and objective symptoms
Any pending tests or referrals
Response to treatment
Compliance with treatment recommendations
Medically supported restrictions and limitations
Prognosis for recovery and return to work
Any complicating factors for recovery

It is also helpful for your doctor to provide supporting documentation such as clinical notes, test results and specialist reports. In the case of mental illness, there are no objective tests like diagnostic imaging so it is very important for your doctor to describe your symptoms in detail and fully explain your restrictions and limitations.

The more information your insurance company has about your condition, the better.

Functional Telephone Interview

As part of the initial adjudication process, the case manager arranges an interview with you in order to obtain detailed information about your disability. You will be asked questions about why you stopped working when you did, what you perceive to be your restrictions and limitations and barriers to returning to work and your treatment. You may also be asked about your previous employment experience, education and training. The questions may be similar to information provided on the Employee Statement.

The case manager is looking to gain an understanding of how your condition impacts your day to day activities and may ask what a usual day is like for you and how your symptoms affect your day to day activities and your overall functional abilities.

Tips and Helpful Resources

Early in the pandemic, the Government of Ontario recognized the challenges people were facing and announced emergency funding would be going to online and virtual mental health supports.

We thought we would put together a list of resources to help you during this time. Below are also a few ideas and resources to help you cope while practicing social distancing.

Seek Credible Information

The amount of information that is out there is overwhelming. It can be hard to ignore all the news alerts and avoid the news.

It is important to check credible news sources because a lot of information is posted on the internet each day, but not all of it is reliable. Credible news sources include The World Health Organization, Health Canada and Ontario Ministry of Health.

Find The Right Amount of “Informed” For You

Stay informed without becoming overwhelmed. It sounds easier said than done with all the information out there. One suggestion is limiting how much time you spend watching or reading the news or what time of day you check the news or limiting it to one source.

Create A Routine

You may find it helpful to have a routine/daily schedule for working from home, meals, sleep, and leisure activities.

Keep In Touch

Social distancing does not mean you have to stop all social interactions. There are many ways to stay in touch with friends and family and check in on them, be it email, text, phone call or video call. Check in on your family, friends and neighbours.

Practice Self-Care

Self-care is important for everyone. Some self-care ideas include meditation, journaling, taking a walk (while physically distancing from others).

Resources

The following is a list of resources you may find helpful:

The World Health Organization ( https://www.who.int/emergencies/diseases/novel-coronavirus-2019 )
Health Canada ( https://www.canada.ca/en/public-health/services/diseases/coronavirus-disease-covid-19.html )
Ontario Ministry of Health ( https://www.ontario.ca/page/2019-novel-coronavirus )
Centre for Addiction and Mental Health ( https://www.camh.ca/en/health-info/mental-health-and-covid-19 )
Canadian Mental Health Association ( https://cmha.ca/news/covid-19-and-mental-health )
Connex Ontario ( https://www.connexontario.ca )
BounceBack ( https://bouncebackontario.ca )
Government of Ontario ( https://www.ontario.ca/page/find-mental-health-support )

How We Help

Our lawyers have helped those whose disability claims for mental illness to successfully resolve their claims. We understand the difficult time you are going through and are here to help.

We also represent clients who have had difficulties with employment related matters such as constructive dismissal, wrongful dismissal, bullying and harassment and human rights violations. We are able to help employees who have experienced these issues.

If you require help with a short-term or long-term disability claim and/or employment matter, do not hesitate to contact us for a free initial consultation that can be arranged at a date and time that is convenient for you. We are able to meet with clients by telephone and videoconference at this time.

COVID-19 and Long-Term Disability Claims

devops@elitedigital.ca (Dev Ops) — Fri, 09 Jul 2021 13:11:00 GMT

In March 2020, "normal life" came to a halt due to the COVID-19 pandemic. We are now a year into the pandemic and people are still feeling the effects of the pandemic, both the effects of the virus itself and the increased stress it has caused as well as aggravation of pre-existing conditions like depression and anxiety.

Our firm assists people whose long-term disability benefits have been denied. We assist clients who have various conditions, both physical and psychological, this includes people who have been adversely affected by COVID-19.

We understand the process of applying for benefits and then being denied for benefits can be stressful and frustrating, especially during a pandemic.

What is Long-Term Disability Insurance?

Long-term disability benefits provide you with income replacement when you are unable to work for a prolonged period of time. You are subject to a waiting period, which is usually 17 to 26 weeks (but can be longer). Waiting periods are specific to the policy, so it is important to check your policy to find out how long this period is. Most policies cover about 55%-67% of your monthly earnings.

About COVID-19

The novel coronavirus (COVID-19) had not been seen in humans prior to the first reported cases in late 2019.

Symptoms of COVID-19 ( https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/symptoms.html ) include:

new or worsening cough
shortness of breath or difficulty breathing
high temperature
feeling feverish
chills
fatigue or weakness
muscle or body aches
new loss of smell or taste
headache
gastrointestinal symptoms
feeling very unwell

Symptoms may take up to 14 days to appear after exposure to the virus.

Who is at Risk?

The novel coronavirus can result in severe illness ( https://www.canada.ca/en/public-health/services/publications/diseases-conditions/people-high-risk-for-severe-illness-covid-19.html ) for certain groups of people:

People who have a weakened immune system from a medical condition or due to chemotherapy/medication
People who have an underlying medical condition such as heart disease, high blood pressure (hypertension), lung disease (COPD/asthma), diabetes, cancer
People over a certain age (it is felt that people in older age groups i.e. 60+ are most at risk)

Severe cases of COVID-19 can lead to severe complications and hospitalization and prolonged recovery.

Can I Apply for LTD Benefits if my claim is related to COVID-19?

Long-term disability benefits are a type of benefit meant to cover a health-related condition that significantly interferes with your ability to work and complete the essential duties of your job or any job you are qualified to perform.

LTD benefits are meant to cover both physical conditions and mental illnesses, as long as your doctors/treatment providers are able to demonstrate your symptoms are severe enough to prevent you from working.

You may be eligible for LTD benefits as a result of COVID-19 if you contract the virus or complications prevent you from working for a significant period of time. You may also have difficulties performing your duties if your pre-existing mental health condition has been exacerbated or you have a new onset of a mental health condition and are no longer able to function.

There have been an increased number of people experiencing anxiety and depression as a result of their experiences with the pandemic.

The pandemic has also been difficult for people who have autoimmune conditions and are on immunosuppressant medications due to their increased vulnerability to COVID-19.

Applying for LTD Benefits

When you apply for long-term disability benefits, it is important to submit your application as soon as you can. The application typically consists of 3 forms, the employer statement, the employee statement and the attending physician's statement.

The Employer Statement/Plan Sponsor Statement

Your insurance company requires information from your employer in order to process your claim. This form requests information such as your salary, the length of time you were employed, if modified work is available and the last date you worked.

Since the insurer first assesses your claim based on your ability to perform the duties of your own occupation, the Employer Statement/Plan Sponsor Statement also requests information concerning your job duties including physical/cognitive demands. A job description may also be required.

The Employee Statement/Plan Member Statement

You are responsible for completing this form. This form asks for information such as your date of birth, address, job title, last day worked and a description of your condition. There is where you can provide a detailed account of why you stopped working.

This is an opportunity for you to provide details on how your condition impacts your activities of daily living and functional abilities and how it evolved over time to the point you could no longer work.

Your insurer will also call you while they are adjudicating the claim to conduct a functional telephone interview to obtain further information about your daily activities, restrictions and limitations and how the disability affects your overall daily functioning.

The Attending Physician's Statement

This form should be completed by your treating physician/the doctor who is most familiar with your condition and how it affects your ability to work. Your doctor should include as much supporting information as possible (i.e., test results, diagnostic imaging, specialist reports or consultations if applicable).

This form is where your doctor can provide detailed information about your restrictions and limitations.

For a mental health claim or an invisible illness claim, this is particularly important as there are no "objective" test results for your doctor to submit to the insurance company and it is important for your insurance company to understand what prevents you from working.

Examples of restrictions and limitations can be poor focus and concentration, memory difficulties, fatigue, distraction, mood lability, anger and irritability and panic attacks. Restrictions can also arise from medication side effects (i.e. if medications cause drowsiness). You may be restricted from performing safety sensitive work, work requiring prolonged concentration and focus, customer facing tasks, to give a few examples.

If you have an autoimmune condition that requires an immunosuppressant medication, you may have been advised by your physician that it is unsafe to work at your own occupation if you work a customer facing position/position involving contact with others outside your home. Your physician should outline how your condition/medication compromises your immune system and what limitations and restrictions are associated with that.

Denied Claims

Your claim for LTD benefits can occur at any stage of your claim, be it after the initial application or while you are already on claim or when you reach the end of the own occupation period.

If your claim has been denied, you have the option of going through your insurance company's internal appeal process, which requires you to submit new information for each level appeal and wait for it to be assessed. However, you also have the option of starting a lawsuit against your insurance company.

It is important to consult an experienced disability lawyer as soon as possible so you can make an informed decision on how to proceed as soon as possible and before any limitation period runs out.

Our lawyers have helped many clients to successfully resolve their long-term disability claims. We offer a free initial consultation and do not charge any upfront legal fees.

Helpful Guide for Bicycle Claims

devops@elitedigital.ca (Dev Ops) — Sun, 30 May 2021 15:42:01 GMT

Our law firm handles various types of personal injury and disability matters, including assisting people who have been injured while riding a bicycle.

We understand that after an accident, you may be going through a difficult time and be unsure of your next steps or what your rights are.

This guide will cover:

The Rules of the Road
Important Statistics
What You Should Do If You’ve Been Involved In a Collision
Type of Compensation You Can Receive
Why You Should Contact a Lawyer
Staying Safe

What Rules/Laws Apply?

First things first, as a cyclist, you should be aware that when you ride on Ontario roads, you are subject to and can be charged with offences under the Highway Traffic Act (HTA).

The HTA defines a bicycle as a “vehicle” that belongs on the road (and not the sidewalk).

According to the Ministry of Transportation (MOT), a bicycle is defined as a vehicle that has steering handlebars and pedals and does not have a motor (and is thus differentiated from electric bicycles). Bicycles do not require registration, licence plates, vehicle insurance or for the rider to have a driver’s licence.

A cyclist must share the road with other vehicles (cars, motorcycles, tricks, buses), must obey all traffic laws, is subject to the same rights and responsibilities as drivers and cannot carry passengers if the bicycle is meant for only one person.

Other important facts that the MOT wants cyclists to be aware of include:

It is very important that cyclists know they must ride their bicycles as close to the right edge of the road whenever possible, especially when travelling slower than the rest of traffic.
There are certain roadways a cyclist is not allowed to ride a bicycle on such as any of the 400-series highways, and on any roadway within a pedestrian crossover.
If there is a pedestrian cross-over, a cyclist must walk his/her bicycle to the other side.

While it is mandatory for riders under the age of 18 to wear a helmet, it is recommended that all cyclists wear one as an approved bicycle helmet can greatly reduce the risk of head injury to the rider in the event of a car accident/collision or a fall.

In early June 2015, Ontario passed the Making Ontario Roads Safer Act, which includes provisions to help ensure the safety of pedestrians and cyclists which include:

Allowing cyclists to use the paved shoulders on unrestricted provincial highways instead of riding in main lanes.
Allowing municipalities to create contraflow bicycle lanes to provide more direct routes and connectivity. A contraflow bicycle lane flows in the opposite direction of the surrounding lanes on what would otherwise be a one-way street.
Increasing the fine range for convictions of 'dooring' of cyclists from $60 to $500, to $300 to $1,000 and raising the demerit points from two to three.
Requiring all drivers to maintain a distance of at least one metre when passing cyclists, where possible.
Increasing the maximum fine for not using required bicycle lights and other reflectors/reflective material from $20 to a set fine amount that falls in the range of $60 to $500.
Permitting the use of flashing red lights as a safety feature on bicycles.

Riding a bicycle involves riding responsibly.

Important Statistics

According to the Canadian Automobile Association (CAA) , approximately 7500 cyclists are serious injured each year, with most collisions occurring during the rush hour.

Some other important statistics to think about are:

1 out of 3 cyclist deaths occur at night or where there is artificial lighting.
Cyclists are more likely to be killed or injured at a location or intersection where there are traffic signals or other traffic control signs.
34% of cyclists who were killed were struck by a vehicle in the dark.

What You Should Do If You’ve Been Involved In a Collision

When you are injured because of a collision, you may wonder what to do next.

Here are some important steps to take:

Get the other driver’s contact information/insurance information.
Take pictures of both your bicycle and the vehicle that hit you to document the damage.
Write down what happened so you have a proper account of the accident when you need to report it.
If there were witnesses, obtain their information.
Seek medical attention as soon as possible, especially if you are seriously injured!
Contact your insurer to report the accident so you can apply for accident benefits.
Made a list and keep track of all your doctors/treatment providers so you can give this to a lawyer if you hire one.
Keep track of any expenses that are “out of pocket” (not covered by insurance).
Contact a lawyer who is experienced at handling personal injury claims.

What Kind of Compensation Am I Entitled To?

Injured persons can make a claim for accident benefits (usually through their own insurer) and if a third party is involved they can make a tort claim.

Accident benefits can include income replacement benefits if you are unable to return to work (to a maximum of $400/week), medical and rehabilitation benefits to cover the cost of treatment and in cases where injuries are more severe, attendant care. To learn about accident benefits, click here .

When you make a tort claim (claim against the at-fault party) you may be entitled to compensation for lost wages, future income loss, out of pocket expenses, future medical expenses and pain and suffering.

Why You Should Contact a Lawyer

If you are injured as a result of a bicycle accident, you may be able to receive compensation for your injuries.

An experienced personal injury lawyer can help you to navigate the paperwork for an accident benefits application and to determine which insurance company to apply to if there is more than one.

A lawyer can also help you to put the at-fault party “on notice” that you intend to commence a legal action against them and help you to build your case.

When you hire a lawyer, you no longer have to deal with the insurance company directly as your lawyer will communicate with them on your behalf.

A lawyer will make sure you understand all the limitation periods (deadlines) that apply and what your responsibilities are during your claims/lawsuit.

Your lawyer can also help you if you have group disability coverage and your short-term or long-term disability claim is denied. As with accident benefits, your lawyer will communicate with the insurer for you which may make life less stressful for you.

Staying Safe

Here are some tips we hope you will find helpful!

Be Seen

Wear reflective clothing so that you are seen at night. Make sure your bicycle has proper lighting and reflectors. Make sure you can see (i.e. don’t put your hood up/block your peripheral vision).

Be Heard

Make sure your bicycle has a working bell or horn so you can warn other cyclists, pedestrians and vehicles that you are approaching. Make sure you can hear what is going on around you as well (i.e. don’t wear headphones).

Be Conscious of The Time

Remember what time of day it is and ride appropriately. The sun can affect your ability/other drivers’ ability to see traffic and see you. The Ministry’s Guide to Safe Cycling recommends that when riding directly into or away from the sun at dawn and dusk, you should leave extra room and be ready for sudden stops or swerves by vehicles around you. It is of course important to be very alert at intersections.

Know How to Handle Your Bike

It is important to know how and when to shift gears, ride in a straight line, brake properly in order to ride at appropriate speeds and stop in a safe manner.

Check Your Surroundings

The same way you would check your blind spots and scan intersections before you pass through them when you drive your car, you should do the same thing when you ride your bicycle. You have to check over your shoulders while riding your bicycle to assess the traffic around you.

Signal!

Know how to signal properly and safely so that vehicles, pedestrians and other cyclists know your intentions on the road.

Leave Room

In an emergency situation, proper braking is essential. It is important for your to keep enough space around your bicycle to allow for reaction time and to stop safely.

Be Alert & Scan the Road

You should scan the road for any potential health hazards such as debris from construction, accidents or potholes and in order to anticipate errors made by motorists, pedestrians and other cyclists.

Blind Spots

Stay out of other drivers’ blind spots. The MOT emphasizes the importance of staying out of the blind spots of bus and truck drivers and indicate that if you can see the eyes of the driver in their mirror, they can also see you. You are advised to stay well ahead, or well behind these vehicles.

Cross Intersections Safely

Watch for vehicles that are turning into the intersections so you can be prepared to avoid them and always watch the traffic lights for light changes and signal changes so you can be prepared to stop if you have not yet entered the intersection.

If you or someone you know has been injured as a cyclist, do not hesitate to contact the lawyers at Aaron Waxman and Associates. We are available for a free initial consultation at a date and time of your choosing.

Anxiety, Depression and Disability Claims

devops@elitedigital.ca (Dev Ops) — Mon, 17 May 2021 20:50:43 GMT

Anxiety and depressive disorders can cause a variety of symptoms which can make it difficult to function on a day to day basis.

Anxiety and depression affect many Canadians each year*.

This blog post will cover:

What are Anxiety Disorders?
What are Depressive Disorders?
What you should know about Disability Claims for Anxiety and Depression
Reasons your disability claim could be denied
What you can do if your disability claim is denied

What are Anxiety Disorders?

Types of anxiety disorders include:

Agoraphobia
Generalized Anxiety Disorder
Panic Disorder
Social Anxiety Disorder
Obsessive Compulsive Disorder
Post-traumatic Stress Disorder

According to the Centre for Addiction and Mental Health, anxiety disorders share features of irrational and excessive fear, apprehensive and tense feelings and difficulty managing daily tasks and/or distress related to these tasks.

The cognitive, behavioural and physical symptoms of anxiety disorders include:

anxious thoughts
anxious predictions
anxious beliefs
avoidance of feared situations
avoidance of activities that bring on sensations similar to those experienced when anxious
subtle avoidance
excessive physical reactions to the stressor (heart racing, shortness of breath, dizziness, lightheaded, sweating, nausea)

The physical symptoms of anxiety may be mistaken for symptoms of a physical illness such as a heart attack.

Generalized Anxiety Disorder

Generalized anxiety disorder (GAD) involves excessive anxiety and worry for most of the days for at least 6 months. The anxiety and worry is characterized by difficulty with controlling worry along with a minimum of 3 associated physical symptoms.

Physical symptoms of GAD include muscle tension, feeling keyed up or on edge, restlessness/irritability and sleep disturbance.

Panic Disorder

Panic disorder is described as recurrent, unexpected panic attacks followed by at least one month of constant concern about having another panic attack and/or significant behaviour changes related to the attacks.

A panic attack is described as a sudden feeling of intense fear or discomfort that peaks within minutes and involves physical, cognitive and behavioural symptoms.

Physical symptoms of panic disorder/panic attack include:

pounding heart
sweating
trembling or shaking
shortness of breath
sensation of choking
chest pain or discomfort
sensations of heat or cold
numbness and tingling
dizziness or nausea
feelings of unreality or being detached

Cognitive symptoms include thoughts about fear of loss of control or feeling as though you are having a heart attack.

Behavioural signs include:

avoiding strenuous activities such as exercise
avoiding travel or places with crowds like malls and lime-ups
avoiding places where anxiety symptoms had occurred in the past (i.e. a specific store or place) or similar places

Obsessive Compulsive Disorder

Obsessive compulsive disorder (OCD) is an anxiety disorder that involves obsessions and compulsions that get out control.

Obsessions are intrusive thoughts that repeatedly surface over and over and compulsions are the actions taken to try to reduce the obsessions. It is noted that often people who have OCD will develop certain rituals to to try to reduce or suppress the obsessions and these rituals can could last for hours.

The main symptoms of obsessive compulsive disorder are:

recurrent obsessions or compulsions that interfere with a person's life that are time consuming (more than 1 hour/per day) and cause clinically significant distress or impairment in social/occupational/other important areas of functioning
common obsessions include fear of contamination, repeated doubting, focus on exactness and order, fear of harming oneself and others and more
common compulsions include excessive cleaning/washing, checking, ordering/arranging, hoarding or mental rituals

What are Depressive Disorders?

Types of depressive disorders include:

Major depressive disorder
Depression with psychosis
Dysthymia (also known as persistent depressive disorder, a chronic low mood with moderate symptoms of depression)
Seasonal affective disorder
Postpartum depression

According to the Centre for Addiction and Mental Health , the predominant symptom of major depression is identified as a sad, despairing mood that is present most days, lasts more than 2 weeks and impairs a person's performance at work, school or in social relationships.

Symptoms of depression include:

loss of interest in work, hobbies, people
withdrawal from family and friends
feeling hopeless, useless, excessive guilt, low self-esteem
feeling slowed down/agitated
feeling irritable
sleep problems and fatigue
difficulty concentrating, with memory and decision making
feeling tearful/being easily brought to tears
changes in appetite and weight
suicidal thoughts
loss of touch with reality (hallucinations or delusions)

Depression with Psychosis

A person with depression might also experience psychosis. In some cases, a person's depression may become so severe that they lose touch with reality and experience hallucinations or delusions. Hallucinations can involve hearing voices or seeing people/objects that are not really there or delusions, which are beliefs that are not based in reality.

Symptoms of psychosis include:

disorganized speech, thoughts, behaviour
delusions
hallucinations
restricted speech
difficulty with generating thoughts/ideas
difficulty with attention, concentration and memory
mood changes and sleep disturbances
suicidal thoughts or behaviours
restricted emotions and facial expressions
reduced socialization and motivation

Seasonal Affective Disorder

Seasonal Affective Disorder (SAD) is a type of depression that occurs at the same time every year. It is felt that this subtype of depression is brought about by the changes in one's level of exposure to sunlight. The theory is that the disruption interrupts a person's "biological clock" (circadian rhythm) which affects sleep-wake patterns.

Most people experience SAD symptoms in the fall or winter, but it is also possible to experience symptoms in the summer.

The symptoms of seasonal affective disorder are the same as major depression, however, the difference is that these symptoms appear and disappear around the same time every year.

Postpartum Depression

Postpartum depression (PPD) typically begins within the first month after childbirth, though it can begin any time within the first year and it can last weeks to months. In the more serious cases, PPD can develop into chronic episodes of depression.

Postpartum depressive symptoms are the same as general depression and need to meet the same criteria for a diagnosis.

However, PPD symptoms often focus on infant care or motherhood and some of the most common symptoms are:

depressed mood or depression with anxiety
loss of interest in things that normally bring pleasure, including the baby
excessive feelings of guilt or worthlessness
changes in weight and appetite
decreased concentration/inability to think clearly
recurrent thoughts of death or suicide
sleep disturbance and fatigue
feeling slowed down or restless, jumpy and edgy

It is noted that signs of depression often go unnoticed in new mothers because symptoms like changes in sleeping patterns, interest, cognition, energy levels, moods and body weight are a normal part of new motherhood.

In rare cases, postpartum psychosis can occur which is the sudden onset of psychosis after childbirth.

What you should know about Disability Claims for Anxiety and Depression

Anxiety and depressive disorders can cause a variety of symptoms which can be severe and can interfere with your day to day life and ability to function overall, including in the workplace.

Because psychological illnesses are not easily seen, they are referred to as “invisible illnesses”. When applying for long-term disability benefits, it is important to show that you have attended treatment that is appropriate for your condition and seen the proper specialist. You want to demonstrate you are under the regular care of the appropriate physicians and are complying with treatment recommendations.

When you apply for disability benefits, both you and your doctor are required to complete a form as part of the application. The Member/Employee Statement gives you a chance to explain exactly how and why your symptoms prevent you from working and how they affect your daily life. You have the opportunity to explain in your own words why you had to stop working.

The Attending Physician’s Statement should be completed by the doctor that knows the most about your condition. This form allows that doctor to explain your diagnosis, your restrictions (things you should avoid) and limitations (things you are unable to do). The doctor should clearly outline how these restrictions and limitations relate to your job duties.

If at the time you apply for short-term or long-term disability benefits you have yet to see a psychiatrist or start treatment because of long wait times for OHIP funded treatments, you can indicate to the insurance company that you are waiting on a referral and your family physician/doctor completing the form can also indicate that further consultation/treatment is pending.

Reasons your Disability Claim could be denied

Lack of objective medical evidence

Disability claims, especially for invisible illnesses require medical evidence to support the symptoms being reported. A very common reason for denied claims is that in the opinion of your insurer, there is not enough medical evidence to show you have restrictions and limitations that prevent you from working.

It is important for you to seek regular care so your doctor can document the severity of your symptoms and explain how they cause you to have restrictions and limitations in the Attending Physician’s Form.

You are not receiving appropriate treatment

Your insurance company is looking for evidence that you are seeking out appropriate treatment for your condition. In the case of anxiety and depression, they want evidence you have been receiving treatment that could include medication, counselling with a doctor/psychotherapist, group therapy or specialist cognitive behavioural therapy.

You may be on a wait list to see a psychiatrist or for OHIP-funded psychotherapy and may only be receiving counselling from your family physician at the time you apply for disability benefits. Or you may have had adverse reactions to medications and therefore have been unable to continue taking them.

The insurance company might see this as a lack of treatment and tell you that the treatment you receive does not support you have severe symptoms or a severe impairment.

This is why it is very important that you and your doctor (s) list in your application forms any treatment or referrals that are pending.

You can work while attending treatment

Your insurance company might decide that you can receive treatment and attend work. They might believe that you can schedule your counselling sessions or your doctor’s appointments outside of work hours or that the side effects of your medications do not interfere with your ability to work.

However, if you are referred for an intensive group therapy program for 6 weeks that takes place daily, this would make attending work regularly difficult.

Or your medications can cause side effects such as sedation, dizziness, drowsiness, nausea, fatigue, brain fog or other symptoms that would make it dangerous to perform safety sensitive tasks if you work in a factory for example, or another example could be to make important decisions if you work in a financial institution.

You can return to work on a return to work plan

To your insurer, your symptoms might seem to be only mild to moderate and they recommend that you return to work on modified duties or hours. They will consult with your employer and a rehabilitation specialist if you have been off work for a long period of time to determine what should be an appropriate gradual return to work timeline for you.

You may actually be experiencing severe symptoms and a return to work could interfere with any progress you have made. It is important to report all your symptoms to your treatment providers and have them provide documentation to the insurance company detailing your restrictions and limitations.

Your symptoms do not prevent you from working in any occupation

If you used to work in a physical labour type position, say at a factory or in construction, it would be understandable that your symptoms and medications would make performing your regular duties unsafe.

The insurance company might take the position that while you do have symptoms, these symptoms should not prevent you from working in some type of other work, like a sedentary position.

What you can do if your Disability Claim was denied

Don't panic

We know that receiving that phone call from your insurer telling you that your claim has been denied or you will no longer receive benefits and seeing that denial letter is beyond stressful. The language and terminology used in correspondence from the insurance company can be overwhelming and confusing.

Know your rights

It is important to know your rights and what your options are when your claim has been denied. You can choose to appeal the insurer’s decision on your own through their own internal appeal process, but this can take several months to over a year depending on how many levels of appeal you pursue. Typically, you are offered 3 levels of appeal.

Contact an experienced disability lawyer

An experienced disability lawyer will be able to provide you with guidance and understanding as to what your rights and legal options are. A lawyer will explain to you what the legal process would be if you decide to commence a legal action against your insurance company and once you retain a lawyer, you no longer have to deal with the insurance company directly.

Our lawyers have helped many clients with anxiety and depression to successfully resolve their short-term and long-term disability claims against their insurance companies.

* Information provided courtesy of Centre for Addiction and Mental Health

Lyme Disease and Disability Claims: What You Need To Know

devops@elitedigital.ca (Dev Ops) — Sat, 17 Apr 2021 23:05:11 GMT

May is Maternal Mental Health Awareness Month and the first Wednesday of May has been designated as “ lyme disease lyme disease in general (where no one is immune, despite their circumstances), PMADs can affect women of all ages, income levels, cultures etc. Maternal Mental Health Day is important because it is meant to reduce the stigma of maternal mental illness.

lyme disease

lyme disease lyme disease

lyme disease

lyme disease lyme disease

Springtime is upon us and with the warmer weather comes greater risk of contracting Lyme disease. Lyme disease is becoming more and more of a concern across Ontario and Canada wide due to global warming and the movement of tick populations.

The symptoms of Lyme disease can be debilitating and can last for an extended period of time, and you may be unable to continue working and find yourself applying for short term and long term disability benefits. Unfortunately, many of the symptoms can be confused for other illnesses and Lyme disease is often referred to as an invisible illnesses and can go undiagnosed for some time.

This blog post will cover:

What is Lyme Disease?
What are the Symptoms of Lyme Disease?
Why Is it Misdiagnosed?
How is Lyme Disease Treated?
Prevention Tips
What You Should Know about Lyme Disease and Disability Claims
Reasons Your Disability Claim Could be Denied
What You Can Do if Your Disability Claim is Denied

What is Lyme Disease?

Lyme disease is an inflammatory infection spread through tick bites from backlegged ticks (a.k.a. deer ticks).

According to the Canadian Lyme Disease Foundation (CanLyme) there are 3 stages of Lyme disease and symptoms worsen during each stage of infection:

Early infection, which is the first few days after being infected;
Spread of infection, where the infection spreads in the days or weeks following the onset;
Chronic Lyme, which occurs when the infected is left untreated/has not been properly treated and can last for months or years.

To find out which areas of Ontario are at the highest risk for Lyme disease, you can refer to the “Lyme disease risk areas in Canada” map on the Government of Canada’s website. You should also know that backlegged ticks thrive in wet environments, woodlands, tall grass and bushes and even though ticks are usually found specific locations/environments, because of tick populations spreading, it is possible to be bitten outside of these locations.

What are the Symptoms of Lyme Disease?

There are over 100 known symptoms of Lyme disease. Symptoms can affect your musculoskeletal system, senses, mental capability, psychological well-being, digestive system, respiratory, circulatory and neurological systems.

Symptoms can include, and are not limited to (courtesy of CanLyme)

Early on, experienced a “flu-like” illness, after which you have not since felt well
Unexplained hair loss
Headache, mild or severe, pressure in the head
Seizures
Twitching of facial or other muscles, facial paralysis (Bell’s Palsy, Horner’s syndrome)
Stiff or painful neck, jaw pain or stiffness
Double or blurry vision, pain in eyes, or swelling around eyes
Decreased hearing in one or both ears, plugged ears, buzzing in ears, ringing in one or both ears
Diarrhea/constipation, upset stomach (nausea or pain) or GERD (gastroesophageal reflux disease)
Irritable bladder or interstitial cystitis
Bone pain, joint pain or swelling, carpal tunnel syndrome, stiffness of joints, back, neck, tennis elbow
Muscle pain or cramps, (Fibromyalgia), burning or stabbing sensations in the body
Shortness of breath, can’t get full/satisfying breath, cough
Heart palpitations or extra beats
Tremors or unexplained shaking
Extreme fatigue, Chronic Fatigue Syndrome, weakness, peripheral neuropathy or partial paralysis
Numbness in body, tingling, pinpricks
Poor balance, dizziness, difficulty walking
Mood swings, irritability, bi-polar disorder, unusual depression, anxiety, panic attacks, Over-emotional reactions, crying easily
Disorientation (getting or feeling lost)
Too much sleep, or insomnia, narcolepsy, sleep apnea
Short or long-term memory loss, confusion, difficulty thinking, difficulty with concentration or reading
Speech difficulty (slurred or slow), stammering speech
Difficulty finding commonly used words
Loss of sex drive, sexual dysfunction, testicular or pelvic pain
Unexplained weight gain or loss
Swollen glands or lymph nodes
Unexplained fevers (high or low grade), low body temperature
Continual infections (sinus, kidney, eye, etc.)
Symptoms fluctuate, and pain migrates to different parts of your body
Allergies or chemical sensitivities

Why is Lyme Disease Misdiagnosed?

Chronic Lyme disease is often mistaken for other illnesses, making it difficult to diagnose and treat and prolonging diagnosis. Lyme disease is hard to diagnose because blood tests can show negative test results when the disease is actually present. It is recommended that Lyme disease be diagnosed based on symptoms and risk (areas you visited or activities you did. As well, there are only a handful of blood tests can effectively detect Lyme bacteria and that is another reason why the infection is easily missed.

According to the Canadian Lyme Disease Foundation , Lyme disease can be mistaken for many other illnesses/diseases including Fibromyalgia , Chronic Fatigue Syndrome, Colitis/Crohn’s disease/IBS, Early ALS, Encephalitis, Lupus infectious arthritis/Osteoarthritis/Psoriatic arthritis/Rheumatoid arthritis, Multiple Sclerosis, psychiatric disorders, Meniere’s syndrome, Thyroid disease and Sleep disorders.

Is There Treatment for Lyme Disease?

Once you have been tested for Lyme disease and diagnosed, there are several treatment options including oral antibiotics, intravenous treatment, supportive therapies such as physical therapy, antidepressants, anti-inflammatory medication, intramuscular injections of medications, pulse and combination therapy.

How Can Lyme Disease Be Prevented?

The ticks that carry Lyme disease are tiny (less than 4mm) and are hard to spot immediately.

Here are some safety tips if you plan on spending time outside this Spring/Summer

Cover up

Wear clothing such as long pants and long-sleeved shirts to cover your arms and legs.

Don't forget the socks

Tuck your pants into your socks for extra prevention.

Keep it light

Wear light coloured clothing so you have a better chance of seeing ticks on your clothing.

Spray it

Always use insect repellent that contains DEET and spray it on your clothing too!

Do the check

Check yourself (and your pets) for ticks when you get home and if you find a tick, experts say DO NOT squash it with your fingers, remove it carefully with a tweezer.

Be alert

Avoid known high risk areas whenever possible

Use heat

Throw your clothes in the dryer on HIGH - the heat can kill any ticks that were hanging on to your clothes.

Take care of your property

Mow your lawn, keep the grass short, get rid of piles of leaves or weeds to avoid creating damp areas.

Know the early signs of Lyme Disease

Rash (can be shaped like a "bull's eye", fever/chills, headache, fatigue, muscle & joint aches, swollen lymph nodes.

What should I know about Lyme Disease and Disability Claims?

Lyme disease can have a variety of symptoms, some of which can be severe if left untreated. The symptoms of Lyme disease can interfere with your day to day life and ability to function, including your ability to work.

Because Lyme disease is difficult to immediately diagnose or treat, and because of the nature of the symptoms, it has been referred to as an “invisible illness”. When applying for long-term disability benefits, it is important to show that you have attended treatment, seen specialists and treating physicians on a regular basis and are complying with treatment recommendations.

If at the time you apply you do not have a confirmed diagnosis of Lyme disease, it is important that you have documentation such as clinical notes and records, or specialist’s consultations that show you have been investigating your condition and reporting your symptoms. The insurance company is looking for evidence that you are receiving proper care and treatment and for evidence that your symptoms are as severe as you are reporting. It is important that you report all symptoms to your doctor and see your physicians when you have new or worsening symptoms.

Your insurance company is looking for evidence that your symptoms make you unable to perform your employment duties and to function to an extent that would allow you to work. In particular, the insurance company wants to know what your restrictions and limitations are and if they are medically supported by your treatment providers/physicians and how long they will last. When you apply for long-term disability benefits and you have an invisible illness that cannot be seen on an x-ray or MRI, this type of information is very helpful in supporting your claim.

Why Would My Insurer Deny My Claim?

One of the most common reasons an insurance company denies long-term disability claims is for lack of objective medical evidence. Another reason is for failure to comply with treatment recommendations or be under the care of appropriate physicians.

As mentioned, with invisible illnesses, it is very important to have your symptoms documented and it is necessary to seek regular care. The severity of your symptoms should be documented by your treatment providers so that they can document and explain to the insurance company in the Attending Physician’s Statement (part of the application package) what your symptoms are, clinical findings and your supported restrictions and limitations (things you should avoid/are unable to do). Chronic Lyme disease may cause symptoms that affect the nervous symptom, cause psychological symptoms and various physical symptoms including pain and fatigue, making it difficult to work.

Your insurance company may be aware of your symptoms but may feel you are able to perform your job or some type of alternate employment and decide to deny your application or discontinue benefits. If this happens, you do have the option to fight their decision through appealing with new information and medical evidence or you can seek legal assistance and decide to start a legal action.

What Can I Do if My Disability Claim is Denied?

If your claim has been denied, you can fight the insurance company's decision to deny your claim. Your insurer will provide you with the option of appealing your claim through their internal appeal process, which can take several months and there is no guarantee their decision will be overturned. Generally you can appeal the decision three times, by providing new information and new medical evidence that supports your inability to work.

You also have the option of consulting an experienced disability lawyer to find out your rights and decide to start a court action against your insurance company.

Our lawyers have successfully represented clients with Lyme disease whose disability claims have been denied. We offer a free initial consultation that can be arranged at a date and time that works for you.

What are the Main Differences Between STD and LTD Benefits?

devops@elitedigital.ca (Dev Ops) — Tue, 16 Mar 2021 17:25:03 GMT

This post will discuss the differences between short-term disability ( STD ) benefits and long-term disability ( LTD ) benefits.

It is always important to review your benefits booklet and policy to know what coverages you are entitled to.

The Waiting Period

The waiting period for STD benefits is relatively short compared to LTD benefits and can be as short as 1 day or as long as 2 weeks. Short-term disability benefits are meant to provide almost immediate financial assistance when you become disabled, whereas LTD benefits could have a waiting period of anywhere from 119 days to 52 weeks.

Typically, if you have coverage for both STD and LTD benefits, LTD benefits would start at the end of the STD period, if you meet the definition of disability. In most cases, STD benefits are meant to cover the duration of the waiting period for long-term disability benefits.

If you do not have STD benefits as part of your compensation package, you can apply for EI Sickness Benefits to help you during the waiting period. These benefits are paid for 15 weeks.

How Long Benefits Are Paid For

Short-term disability benefits can only be paid for the amount of time set out in the policy. The duration of benefits can range from 15 to up to 52 weeks.

Long-term disability benefits can be paid for a much longer period of time, unless the policy specifies there is a maximum period (i.e. there are some policies that have a 2 year, 5 year, 10 year maximum, depending on the reason for disability if it is a private policy or depending on what the employer chose).

How Your Benefit is Calculated

Short-term disability benefits are calculated based on a percentage of your weekly earnings and this percentage can range from 50% to 100% of your earnings, depending on your policy.

Some policies use a tiered system where you receive a higher percentage of your salary for the first few weeks, and a lesser amount for the majority of the STD period, and other policies use the same calculation for the entire period.

Long-term disability benefits are calculated based on a percentage of your monthly earnings and the percentage can typically range from 35% to 70% of your monthly earnings, policy dependent. Depending on your employer, you may have the option to “top up” your benefit and receive a higher LTD benefit. For example, your employer may offer you a “core benefit” of 35% of your monthly earnings and then offer you the option of increasing your benefit if you choose to pay the monthly premiums for it. You may be able to increase your benefit to 60-70% for example.

Some short-term disability policies may also have optional coverage to top up core benefits.

How Often Benefit Payments are Made

Short- term disability benefits are paid to you weekly, and long-term disability benefits are usually paid on a monthly basis. Some policies pay LTD benefits semi-monthly.

Who Pays the Benefit

Some employers choose to have their short-term disability policies set up as an “Administrative Services Only” (ASO) contract.

This means that the insurance company adjudicates the claim (processes the claim) while the employer pays the actual benefit, if benefits are approved. The insurer will tell the employer if benefits are approved and when they are denied (but does not provide the employer with your medical information).

Under a long-term disability policy, the insurer is typically the payor of benefits and the administrator of the policy. Under some policies, the employer pays the benefit and has an ASO arrangement.

The Definition of Disability

You should review the definitions section of your policy to find out how “total disability” is defined.

Each policy may be different, but in order to qualify for benefits, a person must meet the definition of totally disability. To qualify for short-term disability or long-term disability benefits, your insurance company needs evidence that you are “totally disabled”.

When you apply for STD benefits, the test for total disability is whether you can perform the duties of your “own occupation” (or a similar occupation, in some policies).

Under most group LTD policies, there are two definitions of disability, the “own occupation” and “any occupation” definition of disability. A person could also have a private LTD policy where the disability test is own occupation only.

A total disability means you are reasonably unable to carry out the normal functions of your usual job. It does not mean that you have to be completely physically unable to do any part of your job, but that your injury or illness is such that you are unable to perform the essential duties of your own occupation.

This is the definition your insurer will go by during the “own occupation” period of your disability. When the own occupation is over, you are considered totally disabled if you are unable to perform any occupation for which you are reasonably suited for or could become suited for.

Change of Definition

Short-term disability benefits are not subject to a change of definition and the test for disability stays the same. As noted, under most policies, the test is whether you are capable of performing your own occupation.

Long-term disability benefits are subject to a change of definition and most policies are subject to a change of definition after 2 years. This could mean two years after the initial onset of disability, or two years after the waiting period ends. Some policies may have a shorter or longer own occupation period.

As mentioned, the change of definition means that the disability "test" used by your insurer changes from whether you can perform your own occupation to whether or not you can perform any occupation that you are suited for by education, training or experience.

It is important to read your own policy to find out what tests are applicable, when they apply and how long they apply for.

How a Lawyer Helps

Policy wordings and the language used in correspondence from your insurance company can be difficult to understand. Receiving a denial letter during a stressful time can be overwhelming.

A disability lawyer can help you understand the terminology and why your claim was denied and how long you have to act on that denial. Your rights will be explained to you and you can determine if you want to proceed with a lawsuit. As well, once you retain a lawyer, you will no longer have the stress of speaking with your claims adjuster to provide updates or medical information.

Our lawyers have helped many clients successfully resolve their short-term and long-term disability claims. Contact our office for a free, no obligation initial consultation and remember, there are no bad questions!

Sleep Disorders and Long-Term Disability Claims

devops@elitedigital.ca (Dev Ops) — Mon, 01 Mar 2021 18:35:53 GMT

Sleep disorders can impact a person’s ability to work. Sleeping difficulties can be a symptom of depression, anxiety or other mood disorders or can be from a serious condition, like sleep apnea.

This blog will discuss:

The types of sleep disorders (with a focus on sleep apnea)
The complications of a sleep disorder
Sleep disorders and disability claims
Why your claim might be denied
What to do if your disability claim has been denied

What are sleep disorders?

According to the National Sleep Foundation , there are various sleep disorders that fall under the following categories:

Abnormal sleep behaviour disorders

REM sleep behaviour disorder (acting out your dream)
Sleep talking
Sleep walking
Nightmares

Source: https://www.sleepfoundation.org/category/abnormal-sleep-behavior

Circadian rhythm sleep disorders

Shift work sleep disorder
Non-24 sleep wake disorder (abnormal sleep-wake rhythm – circadian clock is not in-sync with a 24-hour clock
Delayed phase sleep disorder (when preferred sleep time is delayed 3-6 hours, an inability to fall asleep at your preferred time and wake up at an acceptable time)

Source: https://www.sleepfoundation.org/category/circadian-rhythm-disorders

Excessive daytime sleepiness disorders

Narcolepsy (excessive sleepiness, falling asleep during normal activities, sleep paralysis, hallucinations, partial loss of muscle control)
Idiopathic hypersomnia (feeling sleepy even after getting a lot of sleep)

Source: https://www.sleepfoundation.org/category/excessive-daytime-sleepiness-disorders

Insomnia

Acute insomnia (i.e. brief episode of insomnia due to a stressful event)
Chronic insomnia (long-term difficulty sleeping, when someone has difficulty falling asleep/staying asleep for a minimum of 3 nights/week, for at least 3 months)
Comorbid insomnia (occurs with another condition (i.e. anxiety, depression or physical condition like arthritis)
Onset insomnia (difficulty falling asleep)
Maintenance insomnia (inability to stay asleep, disturbed sleep and inability to fall back asleep)

Source: https://www.sleepfoundation.org/insomnia/content/what-are-different-types-insomnia

Sleep related movement disorders

Restless legs syndrome (urges to move the legs while relaxing, worsens with age)
Periodic limb movements in sleep (uncontrollable repetitive movements in the lower limbs during sleep)
Sleep bruxism (clenching/grinding your teeth while sleeping)

Source: https://www.sleepfoundation.org/sleep-disorders-problems-list/sleep-movement-disorder-messing-your-slumber

Sleep related breathing disorders

Sleep apnea is considered to be a serious medical condition because it affects the way you breath when you’re sleeping. Sleep apnea occurs when your breathing is interrupted during sleep, i.e. your breathing starts and stops repeatedly.

There are 2 types of sleep apnea, obstructive sleep apnea and central sleep apnea. Obstructive sleep apnea is the most common type. There is also complex sleep apnea, which is when a person has both types of sleep apnea.

Obstructive sleep apnea occurs when the throat muscles relax and central sleep apnea occurs when your brain doesn’t send the proper signals to your muscles that control breathing.

Source: https://www.sleepfoundation.org/category/sleep-related-breathing-disorders

According to the Mayo Clinic, the most common signs of both types of sleep apnea include:

Loud snoring that disturbs the sleep of others, or yourself (more evident in obstructive sleep apnea)
Episodes of breathing cessation (pauses) that occur during sleep witnessed by another person
Hypersomnia (excessive daytime sleepiness), that causes you to fall asleep while working or even driving
Abrupt awakenings accompanied by shortness of breath (more indicative of central sleep apnea)
Dry mouth or sore throat upon wakening
Morning headache
Insomnia (difficulty staying asleep)
Problems with attention

Who is affected by sleep apnea?

Sleep apnea can affect anyone, including adults and children. Certain factors can make a person more likely to develop obstructive sleep apnea such as excess weight, neck circumference, narrowed airway, your gender (men are more likely to develop sleep apnea, but post- menopausal and overweight women have increased risk), your age (over 60) and family history and race. Other factors include nasal congestion, smoking and use of alcohol, sedatives or tranquilizers.

Risk factors for central sleep apnea include gender (males have a higher risk), age (people over 65), people with heart disorders and stroke or brain tumour.

Complications of sleep disorders

Sleep apnea, for example, can affect a person’s ability to work as it affects a person’s quality of sleep and causes daytime sleepiness. This means that it can affect a person’s ability to drive and stay awake and alert at work. Staying alert at work is important for any job, but it is particularly important when it affects the safety of others, for example, jobs that involve operating heavy machinery or dangerous tools.

Sleep apnea is linked to a number of illnesses including high blood pressure and heart disease, increasing the risk of death.

If left untreated, sleep apnea can affect cognitive function like memory and decision making. A lack of sleep is known to lead to depressed mood and attention difficulties.

Sleep disorders and disability claims

If you work in a safety-sensitive job, a job with heavy machinery or job that requires high levels of concentration and focus, having a sleep disorder like sleep apnea can be dangerous and severely impact your ability to work. Daytime sleepiness can mean you are not alert enough to perform your job duties or react in time for safety-sensitive or urgent situations. Or if your job is long-haul truck driving for example, you could be at risk for falling asleep at the wheel.

If you work in a sedentary position, but your job requires sustained focus and concentration, a sleep disorder can disrupt your ability to do just that. Your job may require you to make important decisions or do complex tasks or calculations and you may be noticing you are having difficulties due to your sleep difficulties.

When you make a claim for short-term or long-term disability, it is important to show the insurance company how your sleep apnea or difficulties sleeping impacts your day to day functioning and would affect your ability to perform your job. Be specific with your restrictions and limitations and symptoms.

Why might my claim be denied?

Your claim for disability benefits could be denied at the outset of the claim, or at some point during the claim. Your insurer might find that while you are unable to perform the duties of your own job, you can perform the duties of another job.

For example, if you worked in a factory, where physical safety of yourself and others is a concern, your insurer might agree that you can’t return to this position, but may say you can work in a sedentary position like at a call centre or somewhere where safety is not an issue and a moderate amount of concentration is not required.

Other commons reason insurers deny claims is due to lack of medical evidence to support ongoing limitations and restrictions, that you are not under the care of an appropriate specialist and are not following the standard recommended treatment plan.

What should I do if my disability claim is denied?

Even if your claim has been denied, it is important that you continue to seek ongoing treatment and follow the treatment plan prescribed to you.

You should keep copies of all documents sent to you by the insurance company and keep records of all conversations you had with the insurance company as well. This information can be provided to your lawyer and help them understand what happened with your claim.

It is important to remember that you can fight the insurance company’s decision to deny your claim. When you consult a lawyer, you will be informed of your rights and obligations as an insured person and how long you have to sue your insurer (known as the limitation period). You should consult a lawyer as soon as possible to make sure you start a lawsuit against your insurance company before the limitation period is up.

Our firm offers a free initial consultation that can be arranged at a time that is convenient for you.

What do I need to know about the legal process?

devops@elitedigital.ca (Dev Ops) — Mon, 22 Feb 2021 00:32:07 GMT

At Aaron Waxman & Associates, we believe that our clients should understand how the legal process works.

We want our clients and those considering hiring a lawyer to gain an understanding of what is involved in proceeding with a lawsuit.

This blog post will cover the various steps in a lawsuit.

The Initial Interview

At our firm, we offer a free initial consultation and we work on a contingency fee basis, meaning we only get paid when you get paid and we do not charge any ongoing or upfront legal fees.

When you are seeking out a legal representative, you should consider the qualities that are most important in a lawyer.

You should consider the following:

Recognize that lawyers are busy professionals, but the lawyer you want to sign on with must be approachable;
Your lawyer must talk to you, not at you;
Your lawyer must listen to you and your concerns;
Your lawyer must speak to you and explain things to you in a way that you understand (i.e. make sure you understand the terms of the retainer agreement);
Your lawyer must be candid;
You should be able to call the lawyer after the first meeting if you have any questions;
You should expect to receive a “welcome” letter from your lawyer within 14 days providing you with an overview of the legal process and important information;
You are entitled to receive a copy of the retainer agreement.

As a client, you should come prepared to an initial meeting, in order to help your lawyer commence the lawsuit as soon as possible:

You as a client should be honest;
At the first meeting, bring any information/documentation that you think could be relevant;
Prepare a list of questions before you meet the lawyer;
You should feel satisfied with the information you received at your initial meeting.

Gathering information

Once you have signed the retainer agreement and hired your lawyer, you will be asked to sign authorizations that allow your lawyer to request various documents to support your case.

Your lawyer will request documents such as:

family doctor’s records
specialist records
hospital records
treatment records (physiotherapy, massage therapy, psychologist records etc.)
prescription records
tax returns
employment file
WSIB File (if applicable)
EI File
CPP Disability file

These documents will likely be provided to the insurance company/their lawyer.

Initiating the Lawsuit

Your lawyer will commence a lawsuit by preparing a Statement of Claim and issuing it in court. A Statement of Claim is a basic outline of the statement of facts between the client and the insurer/defendant.

Who is the defendant?

In a personal injury lawsuit, the defendant is the third party responsible for the motor vehicle accident or the owner/occupier of a property in a slip and fall case. In an employment matter, the employer is the defendant. In a disability claim, the insurance company is the defendant.

The insurance company/defendant will appoint a lawyer once they have been served with the Statement of Claim. The defendant has to provide a response, known as the Statement of Defence. There are deadlines to respond to the Statement of Claim.

Document Disclosure

After the court documents have been served, your lawyer will forward copies of all documents that are not privileged (covered by lawyer-client confidentiality) to the defence lawyer (medical documents, employer, tax returns). This is known as documentary disclosure.

Your lawyer prepares what is called an Affidavit of Documents, which is essentially a list of all the documents that are producible. The documents are referred to as “Schedule A” documents.

Schedule “A” documents are exchanged between parties before examinations for discovery.

Examinations for Disovery

Discovery is a step in the legal proceeding that provides the defendant’s lawyer with an opportunity to meet you and discuss your claim with you, and see you as a person, not just as a claim number.

Your lawyer will spend time with you to prepare you before the discovery and give you a sense of what type of questions you will be asked.

During discovery, the defence lawyer requests information and documents and promises are given to request and provide same, known as “undertakings”. Your lawyer can agree to these or can taken the requests under advisement or refuse them if they are not appropriate.

Some important things to remember about the discovery process:

A court reporter is present and is transcribing the questions and answers so there is a written record of the discovery;
You are under oath and it is important to provide honest, straightforward answers;
If you realize any information you have given is incorrect, you are under obligation to inform your lawyer and put the corrected information in writing so your lawyer can correct the record;
Examination for discovery can take 1 day for a plaintiff (about 5-7 hours);
You are entitled to ask for a break, it is not an endurance contest;
Never feel embarrassed to say you do not know the answer or to say you cannot remember something;
If you require an interpreter, one can be arranged - it is better to have one if English is not your first language as it is important you understand the questions being asked of you;
A discovery is the best place for the defence lawyer to understand who you are and how your car accident/slip and fall, employer matter or the denial of a disability claim has affected your life.

Surveillance

You should be aware that the insurance company has the right to conduct surveillance any time without your knowledge.

Many clients are concerned that they may be watched by the insurance company while their claim is in litigation.

S urveillance is something you should be aware of but it is recommended that you continue on with activities you are able to engage in and refrain from activities that you have advised you are unable to do, and that you are medically advised not to do. Be consistent and honest with your limitations.

Medical Appointments

Your lawyer will advise you of any medical appointments that you will have to attend whether set up by your lawyer, by your insurer or by defence counsel. You must attend the appointments as scheduled.

It is important to attend scheduled appointments and to cooperate with assessments scheduled by your insurance company and defence counsel to show you are a willing participant in the legal process. They might request an assessment to determine your limitations and restrictions and ability to work or to determine how your personal injury has impacted your life.

Your lawyer may arrange a medical legal assessment for you with a medical assessor who is appropriate for your condition to obtain an expert report prior to your mediation and to support your case.

Mediation

After the discovery is over, the parties will discuss settlement possibilities. One possibility is a private mediation.

A mediator is a neutral third party whose job is to facilitate settlement by encouraging the parties to reach a common settlement ground.

As mentioned, to prepare for a mediation, your lawyer may send you for a medical assessment.

A mediation is an opportunity for the plaintiff and his or her lawyer to meet with defence counsel and the representative (s) of the insurance company. Prior to the mediation, all parties will exchange written mediation memoranda and set out their positions.

At the mediation, all parties will have the chance to make oral submissions (openings) at the outset where they can outline their client's position. After openings occur, the parties are put into "breakout rooms" so that they have the privacy to discuss offers with their respective lawyers. Part of the mediator's role is to relay the offers between the parties and to relay and questions they may have to each other.

If the mediation is successful, you will be asked to sign settlement documents and you must keep the terms of your settlement confidential.

Pre-Trial

If your case was unable to settle at a private mediation, the next phase is to arrange a pre-trial conference. A pre-trial judge will be assigned and will try to help the parties resolve the case.

The plaintiff and the insurance company representative must attend with their respective lawyers.

A pre-trial can last for an hour or longer, depending on the judge and jurisdiction.

Pre-trial memoranda are exchanged and provided to the court.

Trial

There is no guarantee or way to predict how much your case will settle for at trial or that you will win at trial therefore a trial can become very expensive and be very risky.

The party that “loses” at trial has to pay a portion of the other party’s legal fees.

If you or the defendant disagrees with the trial judge’s decision, it can take years for the case to be heard in the Court of Appeal of Ontario and the Supreme Court of Canada.

Other types of settlements

Your lawyer may also engage in settlement discussions with defence counsel before a mediation occurs or after a failed mediation. The opposing lawyer may request that your lawyer send a settlement offer to try settle your case without going to mediation or to try to settle before a pre-trial conference.

Your lawyer might prepare a settlement proposal or some type of written offer, after obtaining your instructions to do so.

Our law firm has helped many clients successfully resolve their personal injury, employment and disability claims.

Invisible Illnesses and Long-Term Disability Claims

devops@elitedigital.ca (Dev Ops) — Sat, 06 Feb 2021 02:03:52 GMT

As long-term disability lawyers, we recognize there are various conditions that render a person unable to work. Many times, people are unable to work due to what are known as “invisible illnesses” or invisible disabilities.

This blog will discuss:

What is an invisible illness?
Types of invisible illnesses
Common reasons for claim denials
What to do if your claim is denied

What is an invisible illness?

Invisible illness is a term used for any medical condition that is not easily visible to others. Invisible illnesses include chronic physical conditions such as fibromyalgia and chronic pain conditions , headache disorders, Lyme disease, traumatic brain injuries as well as mental illnesses. These are conditions where the symptoms cannot be seen on diagnostic imaging on blood tests or easily tested.

Types of invisible illnesses

Invisible illnesses can be physical conditions or psychological conditions. What follows are some examples of conditions that are considered “invisible illnesses”.

Chronic Pain Disorders

Chronic pain can develop after an injury or surgery. Chronic pain is pain that persists for more than 6 months or when a person experiences pain after the time for usual healing has passed. Chronic pain interferes with various realms including sleep, concentration, memory and can affect functional abilities like the ability to perform self-care and hygiene, drive and attend work on a regular basis.

Chronic pain disorders include conditions such as fibromyalgia, myofascial pain syndrome, chronic fatigue syndrome and arthritic disorders. There are several types of arthritis including rheumatoid arthritis, connective tissue disease, lupus and osteoarthritis. It is also important to consider that chronic pain conditions can also involve a psychological component as chronic pain can potentially lead to the development of depression.

Mental Illnesses

Mental illnesses include anxiety and depressive disorder , bipolar and mood disorders and post-traumatic stress disorder .

The Canadian Mental Health Association (CMHA) defines mental illness as “the term used to refer to a variety of mental disorders that can be diagnosed. Mental disorders are health conditions that are characterized by alterations in thinking, mood or behaviour (or some combination thereof) associated with distress and/or impaired functioning”.

Some important facts to consider are:

20% of Canadians will personally experience a mental illness in their lifetime
Approximately 8% of adults will experience major depression
Anxiety disorders affect 5% of Canadians
Approximately 1% of Canadians experience bipolar disorder
Schizophrenia affects 1% of Canadians

A mental illness can interfere with a person’s ability to sleep, ability to concentrate and focus, interfere with memory and the ability to attend work on a regular basis.

Traumatic Brain Injuries

According to Brain injury Canada , approximately 1.5 million Canadians live with an acquired brain injury and brain injury is the leading cause of disability and death for Canadians under the age of 40.

A traumatic brain injury can cause life-altering symptoms and challenges. Traumatic brain injuries can range from mild to severe.

A concussion is a type of mild traumatic brain injury and can also lead to prolonged symptoms such as ongoing headaches, memory difficulties and psychological difficulties if someone develops post-concussion syndrome.

A brain injury can result in various physical, cognitive and behavioural/emotional impairments which can be temporary or permanent.

Physical impairments include coordination and balance difficulties, chronic pain, fatigue, seizures and movement problems.

Sensory difficulties include vision or hearing difficulties. A brain injury can also cause difficulties with communication such as word-finding problems, impaired speech and emotional impairments such as depression, mood swings and anger. Cognitive difficulties can include memory loss, problems with attention and concentration, impaired judgement and social behavioural problems.

Headache Disorders

Headache disorders include migraines, tension-type headaches and cluster headaches.

A migraine disorder can be recurrent, life-long and is characterized by recurrent “attacks”.

According to the World Health Organization , headache disorders are among the most common disorders of the nervous system. It is estimated that 1.7-4% of the world’s adult population report experiencing headaches more than 15 days each month. In 2013, migraine was found to be the 6 ^th leading cause of disability worldwide.

A migraine can be accompanied by debilitating symptoms and can limit a person’s usual activities and ability to do both sedentary and physical work as it interferes with the ability to focus and is worsened by bright lights and loud noises. As well, the long-term efforts of coping with chronic headaches/migraine might lead to other illnesses such as anxiety and depression.

Lyme Disease

Lyme disease is an inflammatory infection spread through backlegged ticks (a.k.a. deer ticks). There are 3 stages of Lyme disease, including chronic Lyme disease which can last for months or even years.

There are over 100 known symptoms of Lyme disease and symptoms can affect your musculoskeletal system, mental capability, psychological wellbeing, digestive system, respiratory, circulatory and neurological symptoms.

Chronic Lyme disease is often mistaken for other illnesses which makes it difficult to diagnose and treat and prolonging the time it takes to diagnose. Lyme disease is also hard to diagnose because blood tests can show negative test results when the disease is actually present.

Lyme disease can be mistaken for other illnesses including fibromyalgia, chronic fatigue syndrome, colitis/Crohn’s disease, early ALS, encephalitis, lupus or inflammatory arthritis disorders, multiple sclerosis, psychiatric disorders, thyroid disease and sleep disorders.

Common reasons for claim denials

There are various reasons as to why an insurance company might deny a disability claim.

Lack of objective medical evidence

One of the reasons claims are often denied is due to a lack of objective medical evidence. This means that the insurance company did not feel there was enough medical information documented to support your disability and to show how your condition/illness restricts or limits you from performing your job duties or any job you could be qualified for.

Treatment is not appropriate

Another common reason is that you are not under the care of appropriate physicians/treatment provider or receiving appropriate treatment. You may be waiting on a referral to a specialist due to long wait times and may not have had specialized treatment yet when you are waiting for a diagnosis. For example, while you may be seeing your family physician or a social worker/psychotherapist regularly while waiting for a psychiatrist appointment, your insurance company might feel this is not sufficient treatment for a mental illness.

You have been able to work with your condition

Your claim might also have been declined because you demonstrated an ability to work in the past with your condition. Perhaps you have a chronic condition and had been working modified duties or hours at your job for some time but found you were unable to keep up with your duties. You may have had an exacerbation or worsening of symptoms but your insurance company might not understand how or why your condition currently prevents you from working.

You can perform some type of work

Your insurance company may be aware of your symptoms but may take the position that despite your symptoms and receiving treatment, you should be able to perform your job or some type of alternate employment. Your insurer might be of the opinion that you could still attend/seek treatment while working and decide to deny your application or discontinue benefits on that basis.

What to do if your claim is denied

We understand that experiencing a denial of benefits from your short-term or long-term disability insurer is stressful.

Report your symptoms

With an invisible illness or condition, one way to demonstrate how your condition impacts your life and functional abilities by reporting your symptoms to your family doctor and treating specialists/treatment providers. Be truthful with your treatment providers about how you are feeling and if and when you have changes to your symptoms/condition.

Keep attending treatment

When it comes to any type of disability claim, it is important to remember that even if your benefit has been denied, you should continue to seek treatment from your family physician, specialist (s) or rehabilitation clinic (physiotherapy, massage etc.) so you can document your symptoms and show you continue to comply with treatment recommendations.

If you are unable to work due to an invisible illness, you want to demonstrate that you are under the care of a physician/specialist and are following a recommended treatment plan. By regularly consulting with your treatment providers and physicians, you are documenting your symptoms and activity restrictions and these records are helpful for your claim.

Know your rights

If your claim for short-term or long-term disability benefits has been denied, you should contact an experienced disability lawyer as soon as possible to find out what your rights and obligations are as an insured person. Your lawyer can explain to you what your options are and how the legal process works.

Our lawyers have helped many clients whose claims for invisible illnesses have been denied. We offer a free consultation that can be conducted via phone or Zoom/Skype at a date and time that is convenient for you.

10 Holiday Safety Tips

devops@elitedigital.ca (Dev Ops) — Sun, 20 Dec 2020 23:13:20 GMT

As 20 20 comes to a close, we want to wish everyone Happy Holidays and Happy New Year .

With changing temperatures, long periods of rain and snow, the risk for serious car accidents and slip and fall accidents increases and there are safety concerns for motorists and pedestrians.

While the malls and stores may be quieter this year and less people may be on the road, it is still important to practice safe driving and be cautious when you are on your way to and from the grocery store or going to essential places. There may be more pedestrians walking around with students being on winter break and people exercising outside.

It is important to remember safety when you’re shopping and when you’re on your way to and from your destination, and of course, when school is back in session.

Here are some tips to keep you safe:

Make sure your car is “winterized”

If you haven’t already put winter tires on, you should consider doing so;
Check that your windshield wipers are in working order;
Check to make sure your horn and lights are working properly;
Keep these items in your car: windshield wiper fluid, salt, snow brush, ice scraper, small shovel, spare tire.
Keep an “emergency kit” in your car which could include a flashlight, candle, lighter/matches, blanket, first aid kit, non-perishable food, bottled water

Drive distraction free

Be aware of the dangers of distracted driving . Distracted driving is dangerous for all road users. You really need to be focused as a driver, especially during inclement weather;
Put the phone down, set your playlist before you drive if you plan on listening to music and set your GPS before you go;
Secure any loose items

Plan ahead

If you require directions to your destination, set your GPS device/application ahead of time, and review your route before you leave;
Give yourself enough time to get where you have to be and check road conditions

Drive according to weather conditions

Adjust your speed. Slow down, keep extra distance between your car and the car in front of you;
Brake gently and try to maintain steady pressure when braking;
Do not use cruise control!
Try to use main roads that are more likely to have been plowed/treated with salt

Make yourself visible to other road users

Turn on your headlights so that cars and pedestrians can see you;
Put on your turn signals well in advance so other drivers know your intentions

Look before you depart

Be sure to clear your car of any snow or ice so you can see out the windows and mirrors;
Check before you leave your driveway, pull out or back out of a parking spot.
Is there a snowbank blocking your view? Do you have a clear view? Are you able to see if any pedestrians or cars are approaching?

Invest in proper footwear

Slip and falls can happen anywhere, indoors and outdoors. Watch where you step;
Look for winter boots with a rubber sole, known to be better for wet conditions, and that can provide good traction to help you walk safer

Walk carefully

If you are outside, try to walk where others have walked and in areas that have been salted/plowed;
If you have to use stairs, use a railing when available

Avoid areas that may be wet

When entering a store/mall, the floors and mats may be very wet;
Look out for puddles/wet spots on the floor and try to avoid these areas if possible;
If there are mats/carpeted areas, watch out for any uneven surfaces

Pedestrians

Be careful at intersections and in busy parking lots;
Don’t assume that all drivers see you when they are turning or backing out of a spot;
Make sure to only cross at lighted intersections or pedestrian crosswalks or in a lighted area of a parking lot

All of us at Aaron Waxman and Associates wish you Happy Holidays and a Happy New Year!

Slip & Fall Accidents: What You Need To Know

devops@elitedigital.ca (Dev Ops) — Wed, 09 Dec 2020 22:48:49 GMT

With the recent fluctuations in the weather we have been having, from long periods of rain, flurries, and snow, it is important to know what to do in the event of a slip and fall accident.

In the winter, there is an increased risk of falling on snow or ice, whether outside of your house or someone else’s house, a store or outside a store or public facilities and in a parking lot or on a sidewalk as a result of a crack or broken curb.

Sometimes slip and falls that occur indoors are as a result of torn or uneven carpets, damaged or wet floors, staircases with poor lighting or stairs that are too narrow or difficult to navigate.

This blog will cover:

What you need to know about slip & fall claims
What to do in the event of a slip & fall
How a lawyer can help you

What do I need to know about slip & fall claim s ?

The property you fall on could be owned by a commercial entity, the government (city or municipality) or a homeowner/landlord. Depending on where you fall, different limitation periods apply.

In Ontario, property owners are required to clear away snow and put salt on icy areas in a reasonable amount of time following a snowfall or ice forming.

The amount of time can vary depending on which city or municipality you live in. The idea is that property owners have a duty to make sure their property is “reasonably” safe for anyone who will be entering it, meaning clear of potential and foreseeable hazards.

What should you do in the event of a slip & fall?

Here are some helpful tips to keep in mind.

Seek Immediate Medical Attention

If you do not attend a hospital, go see your family doctor or go to a walk-in clinic as soon as possible so your injuries can be assessed. Explain to the doctor how/when you came to be injured, so your slip and fall accident is documented in your medical records and the information is still fresh in your mind.

Make an Incident Report

If there is a manager/store owner or someone you can make an incident report to, do so and ask for a copy of the report and for their contact information.

Take Notes

Take notes of the time, location, and how your injury occurred. What caused you to fall, was it an object, water, ice, missing tile, broken sidewalk?

Ask for a Copy of Security Camera Footage

If there are security cameras where you fell, see if you can get the owner or manager to provide you with a copy of the footage showing your slip and fall.

Gather Witness Information

If there are any witnesses, ask them for their names and contact information, and if they will be willing to give a statement. This type of evidence will help your claim.

Find the Owner

Try to find out who owns the property where you fell so you know who is responsible for the maintenance of the property. Is it private property where there is one owner? It is a landlord and tenant arrangement? Is it owned by a city or municipality? Is it owned by a commercial entity?

This information will be very helpful to your lawyer.

Take Pictures

If you are able to, or as soon as you are able to, take photographs of where you fell so you can demonstrate the conditions that caused your fall. If you physically can’t take pictures at the time of your fall, ask a witness to, so the photographs will document the conditions of the sidewalk/driveway/parking lot/staircase/floor the day you fell.

Keep Your Shoes/Boots

It is important to show what type of footwear you were wearing at the time of the fall.

Were you wearing winter boots or appropriate footwear for the weather conditions?

Keep your footwear and also take pictures of the boots as this may be used as evidence in your case.

Keep Any Damaged Clothing/Objects

If any of your clothes were damaged or items such as a phone, iPod, glasses etc., you should take pictures and keep them as proof of how severe your fall was.

Document Your Injuries

Document your injuries, and if applicable, take pictures of your injuries. This is further evidence for your case.

Weather Record

If you fell outside, you might want to print out historical weather information for the night before/day of the slip and fall so you can have evidence of what the weather was like that day.

How a lawyer can help

Why would you want to hire a lawyer after you’ve been injured as a result of a slip and fall?

Your injuries

A slip and fall accident can cause a range of injuries from bruises, sprains, fractures and traumatic brain injuries. As a result, you may be unable to work for a period of time as a result of these injuries.

Limitation Periods

A lawyer can explain to you what a limitation period is, and what limitation period (s) apply or may apply to your claim.

An example of this would be if you fell on city property, you may have a very short limitation period, as little as 7 days to notify the city of your accident.

With most lawsuits, you have 2 years from the date of the slip and fall to sue the party (ies) responsible, but it is recommended that you notify them as soon as possible of your intentions to bring a court action against them.

Starting a Court Action

With the help of a lawyer, you can pursue a court action against a property owner (s) for your injuries that resulted from a slip and fall accident.

Proving Liability/Negligence

A lawyer can also help you to ensure that a proper liability investigation is conducted, which will help prove the cause of the fall and whether or not reasonable steps were taken to prevent falls from occurring.

Your Rights and Obligations

A lawyer can explain to you what your legal rights and obligations are as an injured person, for example seeking medical attention as soon as possible, participating in your recovery and keeping your doctor informed of new medical symptoms.

You should also keep your lawyer informed of any new specialists you may be seeing and any new diagnosis you may have received. A lawyer will advise you of what information is and will be needed from you.

Compensation

A lawyer can explain to you of what type of compensation you may be entitled to.

You can be entitled to compensation for pain and suffering (“general damages”), lost wages (past loss of income) and future loss of income, and out of pocket medical expenses or expenses that would not have occurred but for the accident.

Proper Investigation

We hope this guide has helped you to understand how slip and fall claims work in Ontario.

if you or someone you know have been injured as a result of a slip and fall accident, you should seek the advice of an experienced personal injury lawyer as soon as possible. The lawyers at Aaron Waxman and Associates have helped many clients who were injured as a result of slip and fall accidents.

Are You Prepared For Winter?

devops@elitedigital.ca (Dev Ops) — Tue, 01 Dec 2020 20:39:05 GMT

It’s that time of year again! Winter weather is here!

While snow is fun for the kids, it can make driving and commuting difficult and with less hours of daylight now that Daylight Saving Time has ended, it is important to be vigilant about checking and scanning intersections before proceeding through them to be sure you can see pedestrians approaching.

It is very important to exercise caution and safety when you are a pedestrian or motorist during times of a storm. There are many factors to consider.

As the weather can be fickle and can be dry, rainy, slushy, snowy or icy, it is necessary to adjust your driving accordingly. Even light snow can become dangerous if you are speeding or do not have winter tires.

Driving in the Canadian winter is hazardous if you are not prepared for it. In Quebec, it is mandatory to have winter tires on your vehicle. In Ontario, it is not. And we certainly see the rise of car accidents and pedestrian injuries and deaths in the wintertime.

This blog will cover:

The importance of winter tires
7 useful tips for drivers
7 useful tips for pedestrians

Why Winter Tires Matter

“All Season” tires may sound like the right solution for driving in a country/province where we see “all seasons” but if you are using your tires all year round, you are wearing down the treads and reducing how well your tires work.

Winter tires help you stop fast, prevent your car from spinning and in essence, can help prevent accidents. Winter tires have deeper treads to allow for better performance in snow, slush, on ice and wet and dry roads.

All season tires can begin to lose their grip below 7 degrees Celsius. Most people probably are not even aware of this fact. The Ministry of Transportation recommends that you install 4 matching winter tires, even on four-wheel drive vehicles, for best control of your vehicle.

Since January 1, 2016, the Government of Ontario has made it a requirement that automobile insurers offer a winter tire discount to those who purchase and install winter tires. Winter tires can benefit you when temperatures drop to 7 degrees Celsius as they provide better traction and shorter stopping distance. A recent poll found that 3 out of 4 Ontario drivers are using winter tires.

Useful Tips For Drivers

Clear Off Your Car

You need to be able to see, through all your windows and mirrors. This includes clearing off the roof of your car as well. If you have snow on the roof of your car, it can be a hazard as it can blow off and reduce visibility for the car behind you.

Don’t Rush!

Give yourself extra time to get to your destination. You won’t feel as tense behind the wheel and you will feel less inclined to speed to get there.

Keep Your Distance

Leave more room than you usually would between yourself and the car ahead of you. If you can, try to avoid driving in other drivers’ “blind spots”, so that you are visible to the cars surrounding you. The more distance you have between you and the car ahead of you, the safer it is if you need to stop suddenly.

Put On Your Winter Tires (Or Invest in a Set)

If you haven’t already done so, install your winter tires, or buy a set. They are a worthwhile investment for you and your car, especially if you hate it when your car skids and slips all over the road during winter storms.

Pay Attention to Other Drivers

“Ground View” is a term that means watch the wheels of the other vehicles around you. Unfortunately, not everyone uses their turn signals to indicate a lane change or that they are about to turn into a plaza, intersection or at a stop sign, so it is important to be observant.

Watch Out for Snowplows and Pedestrians

When there is heavy snow falling, or blowing snow, it may be hard to see pedestrians. Make sure you give them extra time to cross at intersections. Whatever you do, do not try to pass a snow plow as the driver may not see you and it is important to give them extra space.

Useful Tips for Pedestrians

Dress Properly

Wear a proper winter coat with all the accessories (hood, scarf, gloves) so you are warm. But, remember, you want to be seen by cars, snowplows and other pedestrians, so try to have some kind of reflective clothing, or a strip of reflective fabric on you so that you can be seen.

Wear the Right Footwear

There are many different types of winter boots, fashionable or not. The important thing is that they keep your feet warm and have a rubber sole and grip the ground well. Make sure your boots have a good rubber sole/treads so that you won’t have difficulties walking on slippery surfaces.

Watch Your Step

You should pay attention to your surroundings. Look out for cars, snowplows, other pedestrians, but you have to look at the ground in front of you for any hazards, or anything you could possibly trip over/fall into.

Slow Down

Give yourself plenty of time to get to your destination. Don’t try to run on an icy surface. Walk slowly and carefully, especially if you happen to get caught in bad weather and are not wearing the right footwear.

Use Handrails

If you are walking up or down an outdoor set of stairs, use a handrail for assistance if one is available. Take each step slowly and carefully.

Bring Alternate Footwear for Indoors

If you can, bring a second set of shoes for indoors. Wear your winter boots outside only. Keep a dry pair of shoes for indoors, as walking around indoors with wet shoes could also cause a potential injury.

Be Cautious in Entranceways

When entering a mall, store, office, look out for wet floors, or bunched up rugs/carpets. Areas that get a lot of traction throughout the day will be wet and can potentially be slippery.

If you or someone you know have been injured as a result of a car accident or a slip and fall accident, you should contact a personal injury lawyer as soon as possible. It is important to know your rights and to be advised of limitation periods.

Our firm offers a free initial consultation and can arrange to meet with you at a date and time that is convenient for you.

Seasonal Affective Disorder and LTD Claims: What you need to know

devops@elitedigital.ca (Dev Ops) — Mon, 23 Nov 2020 18:00:36 GMT

As long-term disability lawyers, we recognize that depression and other types of psychological illnesses such as bipolar disorder, schizophrenia and anxiety disorders can render a person unable to work as psychological symptoms can interfere with various aspects of a person’s life.

This blog post will examine:

What is seasonal affective disorder?
What are the symptoms?
Who is most affected by SAD?
SAD and COVID-19
How does it affect my ability to work?
Why would my claim be denied?

What is seasonal affective disorder?

In the late fall/winter months, there are fewer hours of sunshine per day. Some people experience what is known as seasonal affective disorder (SAD) which is a type of depression that is related to the change in seasons.

Typically SAD occurs in the fall and continues into the winter months but can occur in the spring and summer months.

Symptoms can start as mild and become more severe the further we get into the season.

While the exact cause of SAD is unknown, it is felt that possible causes involve the reduced level of sunlight in the fall and winter as it disrupts the body’s internal clock (which controls sleep-wake patterns) and it disturbs the functions of neurotransmitters such as serotonin and dopamine. Serotonin is a neurotransmitter that affects mood.

What are the symptoms?

According to the Mayo Clinic , seasonal affective disorder is a subtype of major depression.

Symptoms of major depression can be a part of seasonal affective disorder and include:

Low energy
Loss of interest in activities
Feeling depressed most of the day, every day
Difficulties sleeping
Fluctuating appetite and weight
Agitation
Difficulty with concentration

There are also symptoms specific to winter-onset SAD and spring/summer SAD.

Symptoms specific to winter seasonal affective disorder include:

Irritability
Low energy/tiredness
Feelings of “heaviness”
Appetite changes
Weight gain

With seasonal affective disorder, the signs and symptoms tend to appear and disappear at the same time each year.

Who is most affected by SAD?

According to the Centre for Addiction and Mental Health (CAMH), risk factors for developing seasonal affective disorder include:

Being female as women are more likely to be diagnosed with SAD
Living far north or far south of the equator
Being young; young people are more likely to develop SAD and the risk decreases with age
Having a family history of SAD or other forms of depression increases the risk

Seasonal affective disorder affects people with mood disorders, in particular, bipolar disorder. Fall/Winter SAD can trigger depression and spring/summer can bring symptoms of mania or hypomania.

SAD and COVID-19

The COVID-19 pandemic has affected millions of people worldwide, physically and mentally.

Since the lockdowns and restrictions in Ontario, people may still be feeling an increased sense of isolation and further symptoms of depression and anxiety. This can be due to fear of leaving the home as a result of COVID-19 or because their job is still completely remote.

The pandemic has brought with it stress from lack of social interaction and isolation, fear for the health and safety of ourselves and our family/friends, and an overall sense of uncertainty. All of these things can negatively affect anyone's mental health. This is especially true for people already living with depression and other mental health conditions.

Statistics Canada conducted a survey from February to May 2021 on COVID-19 and Mental Health.

The survey showed that:

25% of Canadians aged 18 and older had symptoms of depression, anxiety or post-traumatic stress disorder (PTSD) in spring 2021
More adults aged 25 to 64 screened positive for at least one mood disorder. Among the age group 25 to 44
83% of adults ages 18-24 experienced at least one negative health (mental or physical) impact due to COVID-19
80% of adults 25-44 experienced at least one negative mental or physical health problem due to COVID-19
70% of adults aged 45-64 had a mental health impact
65% of adults over the age of 65 had at least one mental health impact
77% of Canadians screened positive for at least one mental health disorder

With the need to physically distance and strict restrictions, plus the colder weather, the pandemic meant we had to stay inside more, which decreased exposure to natural sunlight. This is important for people who suffer from depression. Decreased exposure to sunlight can mean more severe symptoms for someone who typically experiences SAD and can also mean more people might have experience SAD over the last couple of years.

How does it affect my ability to work?

Psychological illnesses can affect a your ability to concentrate, interact with co-workers, your level of self-confidence, ability to multi-task, energy levels and ability to sleep amongst other things.

As mentioned, SAD is a type of depressive disorder. People may apply for short-term or long-term disability benefits as a result of their symptoms of depression as they interfere with many aspects of your life.

For example, if you work in a physical labour position like at a factory or construction site, you may find that your fatigue, low energy and difficulty concentrating interfere with the safety-sensitive aspects of your job.

If you work in an office-type position, you may find that your symptoms affect your ability to focus, concentrate, interact with others and therefore complete your duties.

Why would my claim be denied?

As depression is an "invisible illness", insurance companies often deny claims for short-term and long-term disability benefits because you do not meet their definition of totally disabled for reasons such as:

There is not enough medical evidence to support you have been disabled for the entire waiting period and beyond
Lack of objective medical evidence to substantiate your absence from work
No medically supported restrictions and/or limitations
Your insurer believes you can perform modified duties or can participate in a gradual return to work program
Your insurer believes you can perform your own occupation while attending treatment
Your insurer believes you can perform an alternate occupation

If your claim has been denied for any reason, you should not hesitate to call our law firm for a free initial consultation. Our lawyers have helped many clients who are unable to work due to mental health reasons. We are offering virtual consultations and consultations by phone and can arrange for document signing through DocuSign for your convenience.

Diabetes and LTD Claims: What You Need To Know

devops@elitedigital.ca (Dev Ops) — Fri, 13 Nov 2020 20:39:09 GMT

The month of November is Diabetes Awareness Month and November 14, 2022 is World Diabetes Day. This is significant as it speaks to the impact Diabetes has worldwide and in Canada.

Topics covered in this blog will include:

What is Diabetes?
Important Facts/Statistics
How Diabetes Might Affect Your Ability to Work
What to Know When Making A Claim for Short-Term or Long-Term Disability Benefits
Reasons an Insurance Company Might Deny Your Claim

There are two main types of diabetes mellitus

Type 1 Diabetes

Type 1 diabetes occurs when the pancreas releases little to no insulin and the immune system attacks the cells that would process insulin, causing sugar to build up in the bloodstream instead of being used as energy. Type 1 diabetes usually develops in childhood/adolescence and is less common and is always treated with insulin.

Type 2 Diabetes

Type 2 diabetes, which usually develops as an adult and is more common, occurs when the body can’t properly use the insulin released or does not produce enough insulin. As with type 1 diabetes, what happens is sugar will build up in the blood instead of being used up as energy.

Unlike type 1 diabetes, type 2 diabetes does not always require insulin and medications if it has not reached a certain level of severity, can be treated with diet and exercise.

Gestational Diabetes

Gestational diabetes is another type of diabetes, that affects pregnant women. It occurs during the 2nd or 3rd trimester of pregnancy. It occurs as a result of the body not being able to produce enough insulin to handle the effects of changing hormone levels and the growth of a baby at the same time.

Between 3-20% of pregnant women develop gestational diabetes and in most cases they did not have diabetes before their pregnancy. Usually the diabetes goes away after giving birth.

Doctors typically check for gestational diabetes through a blood test 24-48 weeks into pregnancy.

Important Facts & Statistics

These facts and statistics shed some light on the impact diabetes has worldwide.

According to the International Diabetes Federation Diabetes Atlas

1 in 11 adults (aged 20-79 years) have diabetes, which totals 463 millions people
By the year 2030, the number of people with diabetes is expected to rise to 522 million
3 out of 4 people diagnosed with diabetes live in low- and middle-income countries
1 out of 2 people with diabetes remain undiagnosed (this equates to 232 million people)
Diabetes is a leading cause of heart disease, stroke, blindness, kidney failure and lower limb amputation
Diabetes cause 4.2 million deaths in 2019
80% of type 2 diabetes are preventable through healthy lifestyle

According to Diabetes Canada

There are 11 million Canadians living with diabetes or pre-diabetes;
Every 3 minutes, someone in Canada is diagnosed with diabetes.

According to the Government of Canada website

A 20 year diabetes surveillance study was conducted between 2009 and 2019 and found the following:

Between 2000 to 2016 the proportion of Canadians living with diabetes increased by an average of 3.3.% per year
There are 3.2 million Canadians are living with diabetes
1 in 9 adults (aged 20 and older) live with diabetes
On average, 549 Canadians are diagnosed with diabetes every day (approx. 201,000 new cases each year)
Among Canadian adults (20 years +), 6.1% have pre-diabetes
Diabetes is more common among adult men than adult women
Women who develop gestational diabetes are at risk for developing type 2 diabetes later in life

Complications of Diabetes

Different complications can arise from having diabetes, for various reasons and these complications may make it difficult to continue working, either at a physical type of job or a sedentary type of job.

These include:

Anxiety
Depression
Celiac Disease
Eating Disorders
Diabetic Retinopathy (can lead to blindness)
Heart Disease
High Blood Pressure
Chronic Kidney Disease
Diabetic Ketoacidosis
Stroke
Erectile Dysfunction
Diabetic Peripheral Neuropathy
Foot Problems (i.e. ulcers, infections, lead to amputations, osteomyelitis)

The complications that arise from diabetes can cause functional limitations and restrictions and significantly impact a your ability to perform daily activities including the essential duties of employment from a physical and psychological perspective.

Diabetes and Disability Claims

The application package for short-term disability and long-term disability benefits both contain an Employee Statement, an Attending Physician Statement and an Employer Statement.

The Employee Statement

When applying for disability benefits, it is important that you outline the ways that your condition affects all aspects of your life on this form. You have the opportunity to describe the onset of your symptoms, how they impact your daily live and your ability to work and overall functioning. You are able to provide information about your treatment providers/specialists and any treatment you are attending.

The Attending Physician Statement

This form should be completed by the doctor who can best explain your condition to the insurance company. On this form, it is important that your doctor explain the nature of your condition and any complications that it causes. Your doctor should specify the nature of your condition, your diagnosis, your symptoms and any findings on examination/testing. Your doctor should also be specific when detailing your restrictions and limitations and how they relate to your own occupation and occupations you may be suited for.

Provide Clear Examples

On both the Employee Statement and Attending Physician Statement, clear examples of how your illness/condition affects your life and activities of daily living should be given.

For example:

If you work in a physical- labour type position and experience peripheral neuropathy (numbness in the legs or feet) or other types of foot problems, your limitations and restrictions could be difficulty walking, driving, or standing for long periods of time.
If you work in a sedentary type position, say working at a computer most of the day, and experience anxiety, depression, retinopathy or other eye issues your limitations and restrictions might be difficulty focusing and concentrating, difficulty seeing and focusing on the computer screen, or difficulty interacting with others.

Submit Supportive Medical Evidence

Medical information that could be submitted with your application or in support of your claim could include bloodwork, x-rays that show if any deterioration has occurred, consultation reports from any specialists seen, hospital records and records from any dietician or diabetes education centre.

Seek Treatment

As with any condition, the insurance company is looking to see if you are seeking appropriate treatment from the proper specialists or treatment providers (i.e. endocrinologist, internal medicine specialist, diabetes education centre). As well, the insurance company is looking for evidence that you seek regular treatment, on an ongoing basis.

Employer Statement

Your employer is required to complete an Employer Statement (also referred to as a Plan Sponsor Statement) which provides details such as your date of hire, last date worked and salary. Your employer can also provide details such as any observations made concerning your ability to do your job (i.e. the date when you were you no longer able to perform your job duties as of a certain date) or if you required modified duties or accommodations (of if they are available).

Reasons Your Claim Might Be Denied

There are many reasons as to why your insurance company might decide to deny your claim for short-term or long-term disability benefits.

A few common examples are:

Your insurer does not feel that you are seeking treatment on a regular basis or are receiving appropriate treatment;
You are not under the care of an appropriate specialist in the opinion of the insurer;
Lack of objective medical evidence to support the severity of your symptoms;
There are no medically supported restrictions or limitations;
You can work in a sedentary position (if your own job was physical), or if your position was sedentary, you should be able to continue working in such a capacity;

If your claim has been denied at any stage, be it from the outset, while you’re on claim or at the change of definition, you can fight the insurer’s decision. You are not limited to the insurer’s internal appeal process as you have the option to start a lawsuit against them.

You should be sure to speak with a lawyer who is well-versed in short-term/long-term disability matters to find out what your rights and obligations are as an insured person and to make sure you do not miss any limitation periods.

Our law firm offers a free initial consultation and our lawyers have helped many clients who have made disability claims related to diabetes and whose claims have been denied by their insurance companies.

Turning the Clocks Back and Driver/Pedestrian Safety

devops@elitedigital.ca (Dev Ops) — Thu, 29 Oct 2020 00:21:22 GMT

This weekend, we turn the clocks back one hour. While the hour of extra sleep sounds welcoming, the time change does affect your mental health, physical health and even driving habits.

What Are the Effects of the Time Change?

Though the fall time change may not seem as difficult as "springing forward" in March, it still comes with some side effects. You may not be losing an hour of sleep, but your sleep quality may be altered and you may feel groggy and less alert.

Research finds that the one hour time change really does affect the body, your health and even driving habits and traffic safety. The weeks after Daylight Saving Time ends are historically some of the most dangerous weeks for pedestrians. With less hours of sunlight, drivers are forced to become accustomed to a darker commute to and from work.

Researchers at Carnegie Mellon University found that the one hour time change seems to impact the number of pedestrians killed by motorists in the immediate aftermath of the return to standard time in the fall. It was found that pedestrians who were walking during rush hour in the first few weeks after turning back the clocks were more than 3 times as likely to be fatally struck and this number increased after 6pm after the clocks had changed. The researchers felt that this occurred because both drivers and pedestrians were used to months of more daylight and do not immediately adjust their driving/walking behaviours.

The time change is also challenging for people who experience insomnia as any time change affects the body's circadian rhythm (internal clock) and can cause further sleep difficulties. Treatment for insomnia involves getting someone on a regular sleep schedule and this acts as an interruption.

As well, time changes can affect mood and people who experience seasonal affective disorder may have more symptoms of depression due to the shortened hours of daylight.

What Types of Injuries Occur?

Car accidents can cause serious injuries, whether you are a driver, passenger, pedestrian or cyclist.

Common injuries that can arise as a result of a car accident include:

whiplash/neck strain/sprain
back pain
soft tissue injuries to multiple areas of the body
chronic pain
concussion/traumatic brain injury
fractures (sometimes requiring surgery)
spinal cord injuries
psychological symptoms that lead to a diagnosis (i.e. anxiety, depression, PTSD)

Tips for Coping with Time Change

The time change can have an impact on your mental and physical wellbeing.

Here are some ideas for how to lessen the effects of the return to standard time.

If you can, gradually transition your body to the "new time" by going to bed a bit later each day until you are used to the one hour time difference
Try to keep your sleep schedule as regular as possible (keep your wakeup time/bed time the same)
Get some morning sunlight - many experts believe that exposure to the light will help to "synchronize" your internal clock
Avoid napping - this can throw off your sleep schedule
Stick to your regular eating pattern - food can also help to synchronize your body's internal clock

Staying Safe

Here are some tips for staying safe!

Safety Tips for Pedestrians

Be seen: Cross at marked intersections where possible. You can also make yourself visible to drivers and have an item of clothing with a reflective strip on it.
Listen up: Consider pausing/turning down the music when crossing the street so you can hear cars coming.
Be aware of your surroundings: Have a sense of what is around you. If you are wearing a hood, make sure you can still see oncoming traffic, or lower your hood while crossing so you can see any cars that are turning.
Don't be distracted: Put down the phone while you are crossing.

Safety Tips for Drivers

Avoid the distractions: Always avoid distracted driving (including using your phone, any handheld device, snacking etc.).
Car maintenance: Make sure your car is in good working order (headlights, brakes, horn etc.).
Turn your lights on: Turn on your car’s full lighting system (headlights) so pedestrians can see you.
Check the intersection: Before you proceed through or turn at an intersection, make sure there are no pedestrians starting to cross.
Don’t Rush: Leave yourself extra time to get to your destination.

When Should I Consult A Lawyer?

If you have been injured as the result of a car accident , whether you were a pedestrian, cyclist or driver, you may be wondering about your legal rights and obligations and the types of compensation you may be entitled to.

In Ontario, you are able to pursue a claim against the at fault party (known as a tort claim) and you are able to apply for benefits through your own insurance company (known as Statutory Accident Benefits a.k.a. accident benefits). Our lawyers are able to assist you with both types of claims.

It is important to note that there are limitation periods (deadlines) that apply so you want to make sure to contact a lawyer as soon as possible if you intend to commence a legal action. In Ontario, you have two years from the date of the accident to start a lawsuit. You also should submit the application for accident benefits as soon as possible so you can start receiving benefits.

In a tort claim, you can seek compensation for lost wages, out of pocket expenses and general damages. In an accident benefits claim, you may be entitled to medical/rehabilitation benefits, income replacement benefits and attendant care benefits, depending on the severity of your injuries.

Our lawyers have helped many clients who have been injured as a result of motor vehicle accidents. We offer a free initial consultation and are able to meet with you at a date and time of your choosing. We are able to offer consultations via telephone and Zoom/videoconference and arrange for convenient document signing via DocuSign.

Breast Cancer and Long-term Disability Claims

devops@elitedigital.ca (Dev Ops) — Thu, 15 Oct 2020 17:06:59 GMT

As many of you may know, October is Breast Cancer Awareness Month.

This blog post will discuss:

What is breast cancer
The impact of breast cancer
What some treatment complications and side effects are
Why a long-term disability claim might be denied for breast cancer
What to do if your disability claim has been denied

What is breast cancer?

There are different types of breast cancer . Ductal carcinoma is when breast cancer starts in the cells that line the ducts and lobular carcinoma which starts in the cells of lobules. Both these types of cancer can be either "in situ" which means they do not metastasize or they can be invasive. Less common types of breast cancer include inflammatory breast cancer, Paget disease and triple negative breast cancer.

The impact of breast cancer

The Statistics

Breast cancer affects 1 in 8 Canadian women
Men can also be diagnosed with breast cancer
The most recent statistics from 2022 estimate that 28,600 women and 270 men in Canada will receive a breast cancer diagnosis and almost 5,500 women and 55 men will die from this form of cancer
Breast cancer is the second leading cause of cancer deaths in Canadian women and it is expected to remain one of the four most diagnosed types of cancer

The Canadian Breast Cancer Foundation also tells us that...

1 in 4 cancers diagnosed in Canadian women are breast cancer
Women aged 50 to 69 years of age are the age group most at risk for the development of breast cancer (51% of breast cancer diagnoses)
17% of breast cancer diagnoses will be in women under the age of 50, with 13% occurring in women aged 40 to 49
The 5-year survival rate for breast cancer in Canada is 89%
Since 1987, breast cancer mortality rates have decreased by 44%

Treatment side effects/complications

Complications from cancer treatments unfortunately do occur, and your insurance company may not understand the extent of your limitations resulting from post-cancer difficulties. Sometimes, after undergoing chemotherapy and radiation therapy, cancer patients develop chemotherapy induced neuropathic pain, lymphedema, fibromyalgia and psychological conditions such as anxiety and depression .

Side effects and complications from breast cancer treatment , can include...

Lymphedema (swelling/discomfort in the arm that has persisted more than 6-12 weeks after surgery)
Edema (swelling), particularly near the breast area
Numbness, tenderness or skin sensitivity as a result of surgery or radiation
Fibrosis (thickening/scarring of connective tissue)
Pain and aching (also referred to as myalgias), that can start after surgery, chemotherapy or hormone therapy
Bone loss which increases the risk for osteoporosis and risk of fractures
Increased risk for heart problems as a result of radiation therapy, chemotherapy and targeted therapies
Ongoing fatigue, from both the physical and emotional effects of treatment
“Brain fog”- essentially mental fatigue, where you experience difficulties focusing, concentrating, forgetfulness because of treatment and stress
Sleep disturbances/insomnia related to stress or as a side effect of treatment

Breast cancer and long-term disability claims: Why would my claim be denied?

When someone makes a claim for long-term disability benefits as a result of a breast cancer diagnosis, the length of disability might extend beyond the duration of treatment.

You may have received benefits for the period you are receiving chemotherapy and radiation and recovering from surgeries but denied further benefits past that period.

Reasons why your insurance company may terminate your claim after treatment has finished could include:

Your own occupation is sedentary, and you should have the ability to work in a sedentary position
You appear to have the ability to work in an alternative sedentary occupation (if your own occupation was a physical labour job)
You completed a rehabilitation program organized by your insurance company to prepare you for a return to work, therefore you should have the ability to work
You participated in a functional capacity evaluation which demonstrated your ability to work or did not reveal limitations or restrictions preventing you from returning to some form of work
No objective medical evidence is found in your doctors’ records or on testing
You have not had a recurrence of cancer and your symptoms are subjective (in the opinion of the insurance company)
Your cancer is in remission and you have a good prognosis (i.e. it has not metastasized)
No medical limitations or restrictions have been identified by the insurance company's medical consultant

What can I do if my claim is denied?

You might receive a denial letter telling you that your insurance company feels there is a lack of medical evidence to account for your inability work.

But what happens when your oncologist tells you that you are in remission though you feel you are not able to return to work due to your ongoing pain, fatigue or other complications?

The reality may be that your treating physician(s) have advised you to remain off work and agree that you are unable to work.

You may be on the road to remission, but you could be struggling with pain, anxiety, depression and be on various medications to help you cope with your symptoms. Your medications (i.e. hormone replacement therapy) could be causing severe side effects. You may not have findings on diagnostic imaging but that does not mean you do not have symptoms that affect your day to day functioning.

It is important to demonstrate to your insurance company that you do have limitations and restrictions because of pain, anxiety, depression, brain fog, fibromyalgia or other symptoms you may be experiencing.

By continuing to see your treating physicians and reporting your symptoms, you will have documented how your symptoms affect your day to day activities and your ability to work. Showing that you consistently attend doctor’s appointments, participate in prescribed treatment and take medications as directed is also important as you need to demonstrate that you are actively seeking treatment and are under the care of a physician.

if your claim has been denied for any reason, do not hesitate to seek the advice of a disability lawyer. An experienced lawyer can help you to understand why your claim was denied and what your legal options are and advise you of any limitation periods. It is always important to know your rights as an insured person.

PTSD & Long-Term Disability Benefits

devops@elitedigital.ca (Dev Ops) — Sun, 19 Jul 2020 03:08:01 GMT

As long-term disability lawyers, we know there are various types of injuries and illnesses, be it physical, psychological, or a combination of both that can render a person unable to work. One such condition is post-traumatic stress disorder.

This blog will discuss:

What is Post-Traumatic Stress Disorder?
What Are the Symptoms of PTSD?
How PTSD Might Affect Your Ability to Work
What to Know When Making a Claim for Disability Benefits
Reasons an Insurance Company Might Deny Your Claim
Why You Should Contact a Lawyer if Your Claim was Denied

What is Post-Traumatic Stress Disorder?

Post-traumatic stress disorder (PTSD) is a type of anxiety disorder that can develop after an individual has experienced, witnessed or been repeatedly exposed to a major trauma.

It is felt that certain types of professions including police officers, paramedics, firefighters and soldiers (collectively known as “first responders”) have higher rates of post-traumatic stress disorder compared to other professions.

PTSD is also a type of operational stress injury which is defined as any persistent psychological difficulty resulting from operational duties such as law enforcement, combat or any other service related duties. People who experience high levels of operational stress injury are at a greater risk of developing depression, anxiety or PSTD.

First responders are not the only group of people who are susceptible to PTSD. As PTSD is a response to traumatic life events, victims of car accidents, fires, violent crimes, workplace stress or bullying or who have witnessed a family member or friend or another person harmed or killed can develop PTSD.

Examples of trauma given by Anxiety Canada include exposure to:

Actual or threatened death (i.e. war, a serious car accident, witnessed a murder)
Serious injury (i.e. severe burns, extensive hospitalizations)
Sexual violence

It is explained that exposure can mean:

Directly experiencing the event
Witnessed the event as it happens to others (i.e. a kidnapping)
Learning that the trauma occurred to a close family member or close friend (note that actual or threatened death must have been violent or accidental for example witnessed a friend die in a car accident)
Experiencing repeated or extreme exposure to aversive details of the event (for example, police offices being repeatedly exposed to victims of violent murders)

Not everyone who experiences a traumatic event will develop PTSD but many factors play a part in whether or not someone will develop the disorder. According to the Centre for Addiction and Mental Health, factors like having experienced previous trauma, having a history of mental illness or post-traumatic stress disorder, having little or no social support after the traumatic event or experiencing other stressors after the event increase a person’s risk of developing PTSD.

What Are the Symptoms of PTSD?

According to the Centre for Addiction and Mental Health , symptoms of PTSD can include:

Relieving the event/re-experiencing the event over and over again
Avoiding reminders of the event/the scene of the event
Fear that something bad is going to happen
Constant worrying
Recurrent nightmares
Avoidant behaviours (staying away from activities, people, places that remind you of the event)
Difficulty getting along with people
Loss of interest in activities you used to enjoy
Difficulty with feelings of love and pleasure
Difficulty concentrating
Easily angered
Difficulty sleeping (falling asleep & remaining asleep)
Sudden attacks of dizziness, fast heartbeat or shortness of breath
Fear of dying

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How PTSD Might Affect Your Ability to Work

The symptoms of post-traumatic stress disorder can be debilitating and cause significant functional impairments. PTSD affects your ability to sleep, focus and concentrate, ability to interact with others, ability to focus and concentrate, ability to participate in society and to function in general.

When sleep is impaired, the ability to focus and concentrate is impaired and memory is affected. Some people become severely depressed and anxious, and some people may develop physical symptoms.

Symptoms of post-traumatic stress disorder can impact your ability to perform physical work, safety sensitive work and sedentary work.

What to know When Making a Claim for Disability Benefits

Mental illnesses like post-traumatic stress disorder are often misunderstood by insurance companies.

PTSD falls into the category of illnesses/conditions that are often described as “invisible illnesses” or “invisible disabilities (think mental illnesses, fibromyalgia and chronic pain conditions). This is because objective tests like x-rays and bloodwork cannot confirm your diagnosis or provide proof of/an explanation for all of your symptoms, making it a challenge to prove your inability to work to your insurer.

If you have PTSD and are applying for short-term or long-term disability benefits, you should document how your treatment is going with your doctor, specialist or therapist and follow the treatment recommendations. Even if your claim is denied, it is always important to continue your treatment. These are important steps for your claim.

Reasons an Insurance Company Might Deny Your Claim

You may receive a letter from your insurance company telling you your application has been denied or your benefits are being terminated for one or more of the following reasons:

No medical information has been received
Medical information was not submitted in time/by the deadline provided
You are not receiving appropriate treatment or being treated by the appropriate doctors or specialists in the insurer’s opinion
You should be able to work while continuing your treatment/receiving treatment would not interfere with your ability to work
There are no medically supported restrictions or limitations
You are outside of the “maximum recovery guidelines” according to the insurance company’s medical consultant
You have a pre-existing medical condition relating to your disability or causing your disability and you have been insured for less than 1 year under the group plan
You should be able to work in a sedentary position (if your own occupation is physical in nature)
You do not have the ability to work in your own occupation, but you should be able to work in an alternate occupation and you are now in the any occupation period
You did not participate in a rehabilitation program or gradual return to work program that was arranged for you and the insurer feels medical evidence does not explain why you are unable to participate

What You can do if Your Claim is Denied

Receiving a denial letter can be upsetting and frustrating. The terminology used in the letter may be unfamiliar to you and you may want clarification as to what certain terms mean and what your next steps should be.

Your insurance company gives you the option to appeal their decision through their own internal process (you can usually have up to 3 chances to appeal). You might go through all levels of appeal and not achieve the result you desire.

An experienced disability lawyer can help you understand what your rights are and what your options are. You can retain a lawyer as soon as you receive a denial letter and commence a court action. You do not have to wait to exhaust all appeal levels before you hire a lawyer and commence a lawsuit. Your lawyer can start a lawsuit and get your case into the court system as soon as possible.

COVID-19 and Short-Term Disability Claims

devops@elitedigital.ca (Dev Ops) — Fri, 17 Jul 2020 01:55:44 GMT

On March 17, 2020 the Government of Ontario enacted an order declaring an emergency under the Emergency Management and Civil Procedures Act to try to prevent further spread of the novel coronavirus and to protect the health and safety of its citizens. The order has been extended multiple times.

What is Short-Term Disability Insurance?

Short-term disability (STD) benefits are meant to provide you with income replacement for a fixed period of time. Usually there is a short waiting period before benefits begin (i.e. 1 or 2 days). STD benefits can be paid anywhere from 15 to 26 weeks on average, depending on your policy. Most policies typically pay between 55-75% of weekly earnings.

What is COVID-19?

COVID-19 is a coronavirus, which is a large family of viruses that causes illnesses ranging from the common cold to more serious respiratory infections like bronchitis, pneumonia or severe acute respiratory syndrome (SARS). COVID-19 is a novel coronavirus which was not previous seen in humans before.

Currently, there are no specific treatments or vaccine to protect against coronaviruses.

Coronavirus has been added as a designated disease reportable under Ontario’s public health legislation.

Who is Most at Risk?

The current risk to Canadians for contracting COVID-19 is considered high.

The symptoms of the coronavirus can be mild to severe. People who are at risk for severe cases include those with weaker immune systems and with chronic diseases such as diabetes, cancer, heart, renal or chronic lung disease. Complications from COVID-19 can lead to serious conditions like pneumonia, kidney failure (and in some cases, death).

Employees who are particularly vulnerable to contracting COVID-19 due to pre-existing disabilities, illnesses or conditions may be feeling distressed about the virus due to their higher risk of contracting the virus.

Someone who contracts the virus may experience a prolonged recovery and require an extended period of time off work.

Those who experience mental health conditions such as anxiety disorders may also be experiencing exacerbations of their symptoms. First responders/front line responders and medical/health care workers may be experiencing increased stress, traumatic stress, overwhelm and other psychological symptoms during this time.

Applying for STD Benefits

Employees who contract COVID-19 or are affected by it may be eligible to claim benefits under a salary continuance/short-term disability (STD) benefits plan.

Obtain a copy of your policy (if you can)

If you don’t already have a copy of your benefits booklet or STD policy, or access to it, you should request it so you can be familiar with the terms of your policy and know who the key contacts are and what is required on your part in the event of a claim.

What are salary continuance/STD benefits?

Salary continuance/STD plans are meant to provide income replacement for a time-limited period during illness or injury and benefits can last anywhere from 15 to 52 weeks.

What does “salary continuance” mean?

Under a salary continuance plan, your employer continues to pay you if the insurer advises them you meet the test for totally disabled under the policy, this is known as an “administrative services only” policy.

Is there a waiting period?

There may be a short waiting period before benefits start, depending on your policy which can be 1 day or 1 week. Some policies waive the waiting period for hospitalizations or certain illnesses.

How are benefits calculated?

Benefits are based on a percentage of your weekly earnings (can be from 50% to even 100% of weekly earnings) and are usually taxable.

How do I apply?

The application package typically consists of 3 documents; the Employee/Member Statement, the Attending Physician’s Statement and the Employer/Plan Sponsor Statement.

You are responsible for making sure an application is submitted within the required timelines (if possible).

The Employee Statement is the document you are required to complete and is where you can indicate the nature of your illness/injuries and why you are unable to work, in your own words.

The Attending Physician’s Statement should be completed by your primary treatment provider and is where your doctor provides medical evidence of your inability to work and may also include clinical notes and records to support your application.

The Employer Statement is required by the insurance company in order to calculate your benefits.

What if My Claim is Denied?

A denial of benefits can occur at any stage of the claim, whether at the initial application or while you are on claim. You can appeal the insurer’s decision through their internal process however you do have the right to retain a lawyer to commence a legal action against them.

If your claim for salary continuance benefits or short-term disability benefits has been denied, it is important to seek legal advice so you can be aware of any limitation periods (deadlines to commence a lawsuit) and be informed of your rights.

COVID-19 and Employee Rights

devops@elitedigital.ca (Dev Ops) — Fri, 17 Jul 2020 01:38:42 GMT

Under provincial workplace health and safety laws, Ontario employers have an obligation to take every reasonable step to ensure a safe workplace. This applies to the novel coronavirus (COVID-19) as well.

You may be wondering what your employer can and cannot ask of you during this pandemic.

On March 17, 2020, Ontario enacted a Declaration of Emergency to protect the public and help contain the spread of COVID-19.

What is the Novel Coronavirus?

Coronaviruses are a large family of viruses that can cause illnesses ranging from the common cold to more serious respiratory infections like bronchitis, pneumonia or severe acute respiratory syndrome (SARS). They are spread mainly from person to person through close contact (touching or shaking hands). COVID-19 is the 2019 novel coronavirus, which causes a respiratory infection and originated in Wuhan, China.

Symptoms range from mild to severe and can include fever, cough, difficulty breathing and there are no specific treatments for coronaviruses.

Right to a safe work environment

With the Government of Ontario allowing some businesses to reopen, many people may feel uncomfortable returning to work as COVID-19 remains a serious health threat.

Under the Ontario Occupational Health and Safety Act (OHSA) provincial workers have the right to refuse to work in a workplace they have reason to believe is likely to endanger them. The burden of proof that the environment is unsafe rests with the employee and the employer must show they have taken reasonable steps to make the workplace safe.

It is important to document any conversations/communications you have if you are concerned about your safety.

Employees should be cautioned that an outright refusal to come into work can be construed as job abandonment, even if you have no intention of leaving your job.

Under the Canada Labour Code, employees have 3 basic rights which are the right to know, the right to participate and the right to refuse dangerous work. This applies to federally regulated employees (i.e. transportation or banking).

Freedom from Discrimination

All employees have the right to be treated equally under the Ontario Human Rights Code, and this includes treatment of employees that have or are thought to have COVID-19.

Employers have an obligation not to discriminate on the basis of race, ethnicity, place of origin, ancestry or disability. This means employees should not be subjected to any unlawful stereotyping, discrimination and harassment on one of the defined grounds for discrimination.

Employees also should not be subjected to discrimination or harassment on the basis of family status. This is a defined ground under the OHRC. This is important to take into consideration as schools and child care centres are closed and parents are trying to work from home or adapt their work schedules to take care of their children without outside assistance due to these closures.

Duty to Accommodate

The Ontario Human Rights Code stipulates that employers have a duty to accommodate employees up to the point of what is known as undue hardship.

Many employers are offering work from home options to allow their staff to continue working in a safe environment and to reduce the number of people in office.

Employees will be concerned about returning to the office after being allowed to work from home. Some employees may be concerned as they have no child care support.

Employees may be asking for flexible work arrangements in response to their circumstances and may ask for the accommodation of working from home until schools/child care centres reopen.

As noted earlier, discrimination based on family status is prohibited by human rights legislation. Employers have the duty to accommodate employees in relation to COVID-19 unless it would amount to an undue hardship based on cost, health and safety.

Canadian Emergency Response Benefit (CERB)

The CERB provides temporary income support to workers who have stopped working for a reason related to COVID-19. This benefit provides $500 per week for a maximum of 16 weeks. The government has made the benefit available from March 15, 2020 to October 3, 2020.

The CERB is intended for those who stopped working for a reason directly related to the pandemic and the following examples are given:

You have lost your job
You are in quarantine or sick due to COVID-19
You are taking care of others because they are sick/ in quarantine due to COVID-19 and/or
You are taking care of children/other dependents because their care facility is closed due to COVID-19

There may be other reasons that you may apply for the benefit, but it is important to not that you would not be eligible for this benefit if you have voluntarily quit your job.

The Government of Canada also indicates that you can apply for this benefit if you are eligible for EI regular or sickness benefits or if you are a former EI claimant who used up your entitlement between December 29, 2019 and October 3, 2020.

There are some financial stipulations that apply depending on whether you were employed by someone else/a company or self-employed including the need to show you earned at least $5,000 in 2019 or in the 12 months prior to applying. When submitting your claim you cannot have earned more than $1,000 in employment and/or self-employment income for 14 or more consecutive days within the 4 week benefit period of your claim.

You do not need to be laid off to access the CERB.

Sick Leave Policies

Will you still be paid while being off work due to the coronavirus?

Sick leave policies vary from business to business and different factors come into play with respect to an employee's right or ability to take a paid or unpaid sick leave. These factors include how long you have been an employee, what your employment contract says, what policies your employer has put in place (and whether they are a term of your employment contract), and whether you are in a unionized workplace. Subject to any workplace policy or collective agreement, if you are a member of a union, time off due to illness or quarantine can be unpaid.

Your employer may offer you the option of using your paid vacation or sick days so you can be paid for your time away from work.

You may also have access to short-term disability benefits and consider applying for that benefit if you are ill.

Ultimately, an employer cannot generally force you to work if you are clearly unwell, are under appropriate medical care, and your absence is supported by your doctor.

Employment Insurance (EI) Benefits

In the absence of company paid sick leave benefits/disability benefits, employees may apply for EI sickness benefits . Under the Employment Insurance Act, employees who face a reduction in normal weekly earnings of a minimum of 40% due to illness, injury or quarantine are eligible for these benefits (if they have accumulated the required insurance hours).

EI sickness benefits provide up to 15 weeks of income replacement and this benefit is available to eligible employees who are unable to work because of illness, injury or quarantine

As a result of COVID-19, the 1 week waiting period for EI sickness benefit has been waived for new claimants who are quarantined. People who apply for EI sickness benefits due to quarantine do not have to provide a medical certificate.

Changes to the Employment Standards Act

The Employment Standards Act protects employees from job loss when they take unpaid sick leave (for a specified number of days) in the event of personal illness, injury or a medical emergency, family responsibility leave, family medical leave, family caregiver leave and critical illness leave.

When COVID-19 was declared a pandemic and the Government of Ontario declared an emergency, it was announced that the Ontario Government would be introducing new legislation to amend the Employment Standards Act (ESA).

The Government of Ontario amended the ESA on March 19, 2020 to include another type of job protected leave known as an infectious disease emergency leave . This means that employees now have the right under the ESA to take unpaid, job-protected leave if they are unable to perform their work because of specified reasons related to a designated infectious disease.

Under the ESA, employers cannot threaten, fire or penalize an employee who takes or plans to take this type of leave. This would be to provide job protection for employees who are unable to work for reasons relating to COVID-19 such as:

The employee is under medical investigation, supervision or treatment for COVID-19
The employee is in self-isolation or quarantined (voluntary or involuntary)
The employee is acting in accordance with public health information or direction
The employee is acting in accordance with an order under the Health Protection and Promotion Act
The employee is providing care or support an individual(s) because of a matter related to COVID-19 included spouse, parent, step-parent, sibling, grandparent, aunt/uncle, in-laws
The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure
The employer directs the employee not to work
The employee is affected by travel restrictions

An important change to note is also that employees will not have to provide a medical note if they take leave for one of the above reasons. These measures have been made retroactive to January 25, 2020.

Privacy

In general, employers are not entitled to know an employee’s medical diagnosis.

As COVID-19 poses a risk to those you come into contact with, your employer may ask for some limited medical information if you exhibit symptoms or if you advise them that you are experiencing flu-like or other symptoms of the virus.

Your employer should advise you why certain medical information is needed, what information will be disclosed and to whom, and how the information will otherwise be kept confidential. It would not be unreasonable to respectfully request this information from your employer.

Your employer should only provide potentially exposed employees with enough information to obtain the necessary medical advice and treatment if necessary.

Migraines and Long-Term Disability Benefits

devops@elitedigital.ca (Dev Ops) — Thu, 16 Jul 2020 17:08:06 GMT

People make claims for long-term disability for various types of physical injuries or physical or psychological illnesses including migraines.

This blog post will discuss:

What is a Migraine?
What Causes a Migraine?
How Are Migraines Treated?
Important Facts/Statistics
How a Migraine Condition Might Affect Your Ability to Work
What to Know When Making a Claim for Short-Term or Long-Term Disability Benefits
Reasons an Insurance Company Might Deny Your Claim

What is a Migraine?

A migraine is a type of headache disorder. Headache disorders include migraines, tension-type headaches and cluster headaches.

A migraine disorder most commonly affects those between the ages of 35 to 45 and is more common in women due to hormonal influences. It is recurrent, can be life-long and is characterized by recurring attacks which include a moderate to severe headache that is one-sided, pulsating, aggravated by routine physical activity and lasts from hours to 2-3 days. Migraines are also associated with nausea and attack frequency can be between once a week to once a year.

Migraines can also be associated with other conditions such as temporomandibular joint dysfunction.

Migraines can occur with or without aura . Migraine with aura is when a person experiences some nervous system symptoms such as visual, sensory, movement or speech disturbances. For example, you may feel muscle weakness or have a sensation that someone is touching you. Most people experience migraines without aura. Some people also experience sensitivity to light (photophobia), to sound (phonophobia), smells and touch, nausea and vomiting, light-headedness, possible fainting and blurred vision.

It is felt that both genetics and environment play a role in the development of migraines. The frequency with which migraines occur differs from person to person.

What Can Cause a Migraine?

A migraine can be triggered by a number of factors which range from:

Hormonal changes (including hormonal medications i.e. oral contraceptives/hormone replacement therapy)
Foods and food additives (i.e. aged cheeses, salty foods, processed foods, aspartame, MSG)
Alcoholic or overly caffeinated beverages
Changes in sleep-wake patterns (e.g. jet lag)
Weather changes/change in barometric pressure
Physical factors (e.g. intense physical exertion)
Emotional factors (stress, depression, anxiety)
Sensory stimuli – something that stimulates your senses to the extreme such as bright lights, the glare of the sun, loud sounds, strong smells
Medications

How are Migraines Treated?

Treatments for migraines include pain relieving medications and preventative medications, but they may not do away with migraines completely. They may help decrease the frequency and duration of migraines. In general, the goal of treatment is to prevent a full-blown migraine attack. Botox injections are also a form of treatment offered to people with migraines.

It is also recommended that you avoid known migraine triggers (once you determine what they are). Some doctors recommend keeping a headache journal to be able to identify triggers so you can see if there were any noticeable signs leading up to a migraine attack.

As well, another suggestion that is made by the International Headache Society is the “5-4-3-2-1” criteria used to diagnose migraines without aura.

This is explained as:

5 or more attacks lasting anywhere from 4 hours to 3 days
At minimum, experiencing 2 of the following: pain occurring on one side of the head, with a pulsating quality, moderate to severe pain and it is aggravated by routine physical activity
At least one additional symptom i.e. sensitivity to light, sensitivity to sound or nausea or vomiting

Important Facts/Statistics

According to the World Health Organization ,

Headache disorders are among the most common disorders of the nervous system and they are underestimated, under-recognized and under-treated worldwide.
1.7-4% of the world’s adult population report experiencing headache 15+ days per month.
Migraine was found to be the 6th leading cause of disability in 2013 worldwide and headache disorders collectively the 3rd highest in the Global Burden of Disease Study.

According to The Migraine Trust ,

Migraine is more prevalent than diabetes, epilepsy and asthma combined.
Migraines affect 1 in 7 people globally.
Chronic migraine affects 2% of the world’s population.
Migraine affects 3x as many women as men.
More than 75% of migraineurs experience at least 1 attack per month and more than 50% experience severe impairment during migraine attacks.

How Migraines Affect Your Ability to Work

It is apparent that the symptoms of a migraine can be debilitating and can limit a person’s daily activities both physically and mentally. A migraine can interfere with a person’s ability to do both sedentary and physical work as it is painful and interferes with a person’s ability to focus, and is worsened by bright lights and loud noises.

As well, the long-term effort of coping with chronic migraine can predispose someone to other illnesses. It is felt that anxiety and depression are significantly more common in migraine sufferers.

What to Know When Making a Claim for Disability Benefits

The Employee Statement/Plan Member Statement

This document asks for your account of why you stopped working. You can provide information about your symptom frequency and duration, your functional limitations and your restrictions and how your medical condition affects your ability to function on a day to day basis.

You should be specific as to how your condition affects your ability to perform your job functions.

The Attending Physician’s Statement

Your doctor should outline your limitations and restrictions, your symptoms, any observable clinical findings and provide relevant records. It is important that your doctor explain how your condition impacts your ability to perform your job and what your prognosis is.

Submit Supportive Medical Evidence

The insurance company is looking for information that speaks to how long you could be off work for and that supports your limitations and restrictions.

With conditions like headache disorders, “objective” medical evidence may be hard to provide so it is important that your doctor/treatment providers provide as much detail as possible when it comes to your symptoms and functional limitations.

Seek Appropriate Treatment

Depending on what your condition is, you may or may not require a referral to a specialist. Migraines are considered a neurological disorder and your family physician might refer you to a neurologist to confirm a diagnosis and treatment plan.

You may be prescribed medications and the insurance company will want to know if you are taking medications as prescribed.

If other treatments such as cognitive behavioural therapy, psychotherapy or physiotherapy are recommended, the insurance company will want to know if you are adhering to the recommended treatment schedule

Reasons Why Your Claim Might be Denied

A claim may be denied for a number of reasons. The denial could be for medical or non-medical reasons.

A few examples of reasons for denial include:

Medical information has not been submitted by your doctor;
The deadline to submit further medical information has passed;
You have a pre-existing condition and you have been insured for less than 1 year;
The insurance company does not feel you are receiving appropriate treatment or being treated by the appropriate doctors/specialists;
The insurance company feels you should be able to attend treatment and continue working and that receiving treatment would not interfere with your ability to work;
There are no medically supported restrictions or limitations;
You are outside the “maximum guidelines” for recovery according to their medical consultant.

If your short-term or long-term disability claim has been denied at any stage, you should know you can fight the insurance company’s decision. If you have appealed and appealed and been denied, you do have the option to start a lawsuit against the insurance company, subject to what is known as a limitation period. It is important to contact a lawyer as soon as possible to find out what your rights are.

Bad Faith and Long-Term Disability Claims

devops@elitedigital.ca (Dev Ops) — Wed, 15 Jul 2020 18:45:26 GMT

You may have heard of the term bad faith as it relates to insurance claims and wonder what it means.

This blog post will take a look at what bad faith means when it comes to long-term disability (LTD) claims.

What are Bad Faith Claims?

Bad faith claims are claims that arise when an insurance company has grossly mishandled the claim of its insured (the policy member; whether under a group or private policy).

Examples of bad faith are:

Not rendering a decision about benefits in a timely fashion, even though medical information shows that the insured is totally disabled.
Denial of benefits without medical certification indicating the insured is able to resume regular occupation.
Unreasonable interpretation of policy.

What is the Duty of Good Faith?

In Canada, the courts tell us that the duty of good faith requires that an insurer act both promptly and fairly when assessing claims.

Breaching the duty of good faith in an insurance claim can lead to what is known as punitive damages.

In order for the court to find that unfair conduct has taken place, and to award punitive damages, the court must find that the insurer acted unfairly and ‘delinquently’.

The idea is to reveal how the claim was handled from the outset and by what means the insurer actually arrived at the decision to stop payment or deny the claim.

Bad faith claims are meant to act as a deterrent so that insurers will not exploit the vulnerability of the insured.

Morrison J., in Asseltine v. Manufacturers Life Insurance Company (Plaintiff sues disability insurer) said:

“A duty of good faith and fair dealing requires an even-handed evaluation of all evidence before the insurer by the insurer. Just as one cannot cherry pick the information to send to an assessor for a rehabilitation opinion, one cannot choose only to accept certain medical evidence in the face of compelling conflicting evidence.”

How Does It Work?

In addition to the duty of acting in good faith, the insurer has other duties to consider. The following list is not an exhaustive list.

Duty to Assess the Evidence in a Balanced and Reasonable Manner

The insurer should assess the merits of the claim in a balanced and reasonable manner. The insurer cannot dismiss credible, alternative evidence that does not support its pre-conceived ideas.

Duty to Reasonably Interpret the Policy

The policy language must be reviewed and checked; the policy should actually be read.

Duty to Adequately Investigate

A timely and thorough investigation of the claim should be made before a claim is denied, this is essential where a claim for disability is being made under a long-term disability policy. Medical investigations are to be made and all reports are to be considered, from the insured person’s doctors as well.

Duty to Inform

The insurer has to inform the insured person of the nature and extent of the benefits that are payable to him/her, and assist the insured in the completion of the necessary documentation (provide instructions).

When an insurer decides to deny a claim, there is a duty to properly inform that the denial has been made, the insured person should not be told or misled by stating “the matter is under investigation”.

In a lot of cases, we do see that insurance companies write to our clients and postpone the actual denial of benefits by saying that a final decision has not been made, the matter is under investigation pending further documentation etc. This is incredibly frustrating to our clients!

Duty not to misinform

For example, not providing a copy of the actual policy.

Duty not to Take Advantage of an Insured’s Economic Vulnerability

For example, by trying to get the insured person to settle at an early stage in the claim, for a lesser amount than the claim is worth due to their financial situation.

What are the Duties of the Insured?

The insured person, as this is a contractual relationship has duties as well, to act in “good faith”.

Duty to be Honest

For example, in any type of disability policy, to disclose all relevant health information, all employment details, all previous claims, details of any WSIB claims or other sources of income, anything that may be relevant. You do not want the insurance company to find out information about you in any way except from you yourself.

Duty to Rehabilitate and Mitigate

You have the duty to attend rehabilitation (physiotherapy, massage, psychotherapy, etc.), whatever type of therapy that helps you try to feel better and has been medically recommended. You must actively be under the care of a physician and actively be trying to get better.

Mitigation refers to the attempt to return to work. If you do try to return to work or to volunteer you must advise the insurance company of your attempts, even if unsuccessful.

Duty to Give Notice of a Claim in a Timely Manner

If you are seriously injured or suffering from an illness that takes you off work and believe you qualify for long-term disability benefits, you should apply as soon as possible. Your policy will tell you how long you have to apply for LTD benefits after you first became disabled.

You should consider submitting your application within this timeframe as one reason insurers do tend to deny claims is for late applications.

You should also consider that in order to qualify for long-term disability benefits, you have to be continuously disabled throughout the qualifying period, which can be anywhere from 15 to 52 weeks. You should apply for benefits before the end of the qualifying period as it will take time for your claim to be processed, especially if further information is needed.

How does Your Lawyer Help?

Starting the Lawsuit

When your benefits are denied or terminated, you have the right to hire a lawyer to fight the denial of your claim. Once we have been retained and have the appropriate details (policy number, claim number, date of disability, date of denial), we commence a court action against the disability insurer. The action is commenced by issuing a documented called a Statement of Claim. This is the document that officially starts the legal process.

In the Statement of Claim, your lawyer outlines what it is you are suing for. When suing an LTD insurer, we include a section where we plead that the insurer has adjudicated the claim in bad faith. In order to make a claim for bad faith, we must explicitly include it in this document so that the insurance company knows this type of claim is being brought.

Exchanging Documents

During the course of your lawsuit, documents will be exchanged with the other party, so that the lawyer for the insurer can have a chance to review new medical information and other important information relating to your disability and inability to work.

The insurance company will provide your lawyer with a copy of their policy and claims file and your lawyer has a chance to review these documents and see what went on during the course of your claim and how the insurer came to the decision to deny your claim.

Negotiating a Fair Settlement

After lawyers have been appointment and documents have been exchanged, lawyers will discuss next steps and how to best proceed to resolve the case.

Whether through settlement talks at a settlement conference or exchanging offers by way of a written settlement proposal or at a private mediation, your lawyer represents your interests and will negotiate a fair and just settlement for you.

Your lawyer considers the amount of benefits owed to you since your claim has been denied (past) and how many years left in your policy when negotiating a settlement (future benefits). Your lawyer will not present any offer to the insurance company without your knowledge and approval.

Your lawyer also has to make sure you are aware of any offers or counter-offers made on behalf of the insurance company.

Your lawyer is there to advise you on the fairness of any offers made to you.

You should be aware that the final decision to accept or reject an offer to settle is yours to make.

We hope that this overview of bad faith claims and insurers duties to you has been helpful.

Join Aaron at Pingle’s Farm Market & Buy A Pumpkin!

devops@elitedigital.ca (Dev Ops) — Tue, 14 Jul 2020 17:15:15 GMT

What are you doing Saturday, October 12, 2019? Have you found that perfect pumpkin to carve into a jack-o-lantern yet? Wondering where to find a pumpkin? Look no further.

You can join Aaron Waxman, our firm’s founder along with the folks at 98.1 CHFI while they broadcast live from Pingle’s Farm Market!

On this day, Aaron will be donating $5.00 (to a maximum of $10,000) to Wounded Warriors Canada for every pumpkin purchased!

Wounded Warriors Canada will be bringing their pups from their PTSD Service Dog Program too! So get ready for a day of pumpkins and pups!

Pingle’s Farm Market is located at 1805 Taunton Road in Hampton, Ontario and the Fun Farm is open 10am-4pm.

Wounded Warriors Canada honours and supports Canada’s ill and injured Canadian Armed Forces members, veterans, first responders and their families. Wounded Warriors Canada is a veteran’s charity focusing on mental health and offers programs such as PTSD Dog Service Program, Equine Therapy and Trauma Resiliency Program.

At Aaron Waxman and Associates, we believe in the importance of giving back to the community, promoting important causes such as Wounded Warriors.

Looking forward to seeing you all there!

The Ultimate Long-term Disability Guide For Ontario

devops@elitedigital.ca (Dev Ops) — Tue, 14 Jul 2020 01:12:42 GMT

There are many aspects of long-term disability (LTD) claims. This guide will examine LTD claims from beginning to end.

There are many reasons why you may need to make a claim for long-term disability benefits. You may need time off work as a result of an accident (i.e. car accident or slip and fall), an injury or an illness. This guide will cover a variety of topics that will help you to better understand the long-term disability claim process.

This guide explores the following topics:

Types of disability claims
Important terminology
Tips for people who have filed a claim
How long benefits last for
Reasons your claim may be denied
Your responsibilities

Types of disability claims

Types of disability claims that can lead to an extended absence from work can fall under the following categories...

Chronic Pain

Chronic pain can affect your ability to perform your job duties as it can cause pain distraction and there is a known connection between chronic pain and psychological issues.

Chronic pain claims include the following types of symptoms/syndromes:

Myofascial pain
Fibromyalgia
Various types of arthritis (osteoarthritis, rheumatoid arthritis, psoriatic arthritis)
Chronic fatigue syndrome
Post-surgical pain

Orthopedic

Like chronic pain, orthopedic injuries/issues can cause pain distraction, and also due to the need for pain medication, cause difficulties completing the essential duties of a person’s occupation:

Fractures/broken bones
Degenerative disc disease/spondylosis
Bulging discs
Nerve root impingement/sciatica/radiculopathy

Brain Injuries

Brain injuries can range from mild to severe. Mild brain injuries include concussions, which can have long-lasting symptoms if a person goes on to develop post-concussion syndrome.

A brain injury can cause symptoms that might hinder person’s daily functioning. Symptoms of a brain injury include impairment of cognitive abilities and impairment of physical functioning.

Psychological Illnesses

Symptoms of psychological illnesses or exacerbation of symptoms can interfere with a person’s functional abilities.

Some conditions that people make disability claims for include:

Adjustment disorder
Major depressive disorder
Various anxiety disorders
Obsessive compulsive disorder
Bipolar disorder
Borderline personality disorder
Schizophrenia

Chronic Illnesses/Conditions

There are various types of chronic illnesses or chronic conditions which can flare up from time to time and interfere with a person’s ability to complete their activities of daily living, including performing their job duties.

These include:

Migraines
Gastrointestinal disorders (i.e. Crohn’s disease)
Diabetes
Neurological disorders (i.e. multiple sclerosis)

Cancer

Most insurance companies will pay benefits during the course of treatment/recovery from surgery, but there are times when an insurance company denies benefits as in their opinion, you are past the standard recovery guidelines. However, you may have developed issues secondary to treatment and not be able to return to work and require more time off work.

Important terms you need to know

Insurance policies are drafted with very technical terms and unfamiliar jargon that insurance companies repeatedly use in their letters when they deny and terminate claims.

We understand how difficult it can be to receive a letter that says your application is denied or your long-term disability benefits are being terminated when you are in a challenging financial situation. When you don’t understand what some of the terms mean in the denial letter it makes the situation that much more stressful.

One of the many ways a disability lawyer can help you is by explaining what all the terms mean in the denial letter you receive from your insurance company.

This section discusses some commonly used terms that are important to understand:

Definitions of Disability (“Totally Disabled”)

In a long-term disability claim, there are 2 definitions of disability (2 “tests”) used to determine if you qualify for disability benefits. First you are assessed as to whether you can perform the essential duties of your own occupation and then you are assessed to see if you can perform the duties of any occupation. In most policies, the own occupation period lasts for 2 years, but it can be less or more, depending on the policy. It is important to read your own policy to find out what tests are applicable and when they apply.

Own Occupation

Own occupation refers to your pre-disability occupation (the job you held at the time your disability occurred). During the “own occupation” period of your long-term disability claim, “totally disabled” means, that as a result of injury or illness (physical or psychological), you are unable to perform the regular (essential) duties of your own occupation. This test applies to the first 24 months of disability (or the period set out in your policy). Not every group policy has an own occupation test- some policies have only an any occupation test.

Any Occupation

During the any occupation period, the definition of total disability changes to mean that, as a result of injury or illness (physical or psychological), you are unable to perform the regular duties of any occupation for which you are suited for (or could become qualified for) by reason of education, training or experience.

The Qualifying Period

A qualifying period (also known as a waiting period or elimination period) is the amount of time you must wait between the onset of disability and the first day you become eligible for long-term disability benefits. Qualifying periods for long-term disability policies range from policy to policy.

Change of Definition

The change of definition occurs when the own occupation period ends, and the any occupation period begins. The definition of disability changes from own occupation to the stricter test of any occupation.

Appropriate or Reasonable Treatment

You must be under the care of a physician and receiving treatment as part of your disability claim. The treatment you receive should be appropriate and relate to your condition e.g. if you make a claim for a psychological illness, an appropriate type of treatment would be that you are under the care of a psychiatrist and psychologist and taking medications.

Restrictions and Limitations

A restriction refers to an activity that your doctor has advised you against performing because of the risk of it aggravating your symptoms/risk of harm. A limitation refers to an activity that you cannot perform due to a lack of physical or psychological capacity. A restriction or limitation can be temporary or permanent.

Functional Limitations

These are restrictions in performing fundamental physical and mental actions of daily life.

For example:

Job Duties – how does your disability impact your ability to carry out your daily activities e.g. handling high pressure situations, multitasking, interacting with others
Cognitive impairments – memory, focus, concentration, maintain stamina
Sleep issues – Do you have insomnia, do you sleep, how long, do you sleep through the night?
Personal Care & Hygiene – can you shower, brush your teeth, change your clothes?
Housekeeping/Home Maintenance
Socially – How have your relationship with your spouse, family and friends been affected?

Work Hardening Program

Your insurer may arrange a work hardening program for you if it is felt that you would benefit from a rehabilitation program in order to prepare you for a return to work. This is usually arranged with the help of a rehabilitation specialist that has been assigned to your claim. A work hardening program can be for chronic pain conditions or psychological conditions and usually involve a multidisciplinary approach which can involve treatments such as physiotherapy, kinesiology, chronic pain education, occupational therapy and cognitive behavioural therapy sessions. If the program makes your symptoms worse or you are unable to participate, you must have medical evidence to show why you are unable to participate/continue participating.

Graduated Return to Work Program

A graduated (or gradual) return to work program is a schedule arranged by your insurer and employer (with the help of a rehabilitation specialist) that gradually increases the number of hours and days you work until you reach full time hours and days at work. Typically, the rehabilitation specialist or insurer will request medical clearance before initiating the program. If you are unable to participate in this program (or continue participating in the program), you must have medical evidence that shows that your symptoms would be made worse by participating.

Recurrent Clause

Many long-term disability policies have a “recurrence” clause, which means that if you return to work but are unable to continue working as a result of the same disability, you will not have to submit a new application and can make what is called a ‘recurrent’ claim. Under some policies, the time limit to make a claim for recurrent disability is 6 months. It is important to check your policy to find out what the time limit for making a recurrent claim is.

Offset

An offset is another source of income that you are receiving/entitled to (e.g. CPP Disability Benefits) that your insurer can use to reduce benefits payable under the LTD plan (therefore affecting your monthly LTD payment amount). You should review your policy to determine what other sources of income are offsets under your policy.

Gainful Employment

The gainful employment test relates to the any occupation period. In general terms, a gainful occupation is one that is able to provide you with, for example, 60% of your pre-disability income. The insurer looks at your education and employment history and tries to determine if you are reasonably able to perform a job that would pay you that amount of your pre-disability earnings.

Tips for people who have filed a long-term disability claim

If you have been injured or are suffering from an illness that prevents you from working for a prolonged period you might be considering making an application for disability benefits, or you may already have an ongoing short-term or long-term disability claim. There are many things you might want to keep in mind when you make an application for disability benefits and throughout the course of your claim.

We understand that the process of applying for disability benefits and having your application denied at the outset or at any point in your claim is a frustrating and stressful experience when you need income replacement as a result of being unable to work.

As an insured person, or “claimant”, there are things you should know, or do that can help make your case run smoothly.

Get to Know Your Insurance Policy

You will want to and are entitled to have a copy of your policy, so you can become familiar with the policy and its wording.

You should look for information that answers these questions:

What is the procedure for filing a claim?
What documents do you have to provide?
How much time do you have to file a claim?
How much time do you have to appeal a denial?

Take Notes

It is important to make notes from every call and keep an ongoing record of all the conversations and contact you have with your insurance company. This will help you to remember a timeline of events for your claim.

As well, take notes of all your doctors, specialists, medications, treatments and symptoms as you will be asked to provide this information when you apply for disability benefits (on the Employee Statement), and by the insurance claims adjuster. This is also information your lawyer will require.

Keep Your Documents

Keep records of everything related to your disability case. You will want to keep a copy of your application package. Important documentation also includes all correspondence received from your insurer, all correspondence sent to your insurance company (including e-mail exchanges) and all copies of medical records relating to your case.

When you hire a lawyer, you will want to provide your lawyer with the necessary documentation relevant to your claim including a copy of your policy, correspondence from the insurance company and a list of your doctors, treatment centres and medications. It is also helpful if you have business cards from your doctors, hospital admission sheets, prescription receipts, and copies of your application for disability benefits.

Requests for Information/Documents

If you are still on claim or have not yet commenced a lawsuit and have not hired a lawyer, be aware that every conversation you have with your claims manager/claims adjuster is documented by him/her. You want to be honest in your conversations with your claims adjuster and give them the necessary information to adjudicate your claim but know that he/she is a representative of the insurance company and is not calling you to become your friend.

When processing your claim, the insurance company may ask you to submit further medical information to substantiate your claim and explain how your symptoms prevent you from working. Your physicians can help you by providing this information, if you give them authorization to. Your insurance company needs to be able to review the relevant medical information, so they can understand why you are unable to work.

As well, in order to understand your medical condition, the insurance company may request you be assessed in person by one of their specialists and you will be expected to attend, unless you are unable to due to medical reasons, supported by your treating physician (s).

Be Honest About How You Feel

It is important to be honest with your doctors about all your symptoms, pains and difficulties you are having and to report any changes in your status. This will help to determine your limitations and restrictions.

When your doctors/specialists can identify your limitations and restrictions, they can provide medical evidence to support them and your claim.

Seek and Attend Treatment

Attend rehabilitation and treatment that is appropriate for your disability, i.e. if you have chronic back pain and physiotherapy is recommended, attend physiotherapy treatments. You must show you are seeking reasonable treatment and be under the care of the appropriate physician for your condition (i.e. a psychiatrist if you went on disability leave for depression).

If you require medication, it is necessary to show that you are compliant with your medication.

It is important in a long-term disability claim to receive ongoing treatment and regularly attend your doctors’ and specialists’ appointments.

If treatment becomes unaffordable, ask your physician if there are any OHIP funded treatments available or find out what coverage you may have through your employer for extended health benefits.

Don’t Just Settle!

Short-term and long-term disability benefits cover claims related to both physical and mental illnesses. It is important to consult a long-term disability lawyer when benefits are denied or if your claim is not being handled properly by the insurance company.

Don’t settle for less. Be sure that if you are offered a settlement it is fair, and you review it with your lawyer. If you are pursuing your claim through your lawyer, your lawyer can assist you in negotiating a fair settlement. An experienced lawyer who practices long-term disability law can assist you in negotiating the best possible settlement.

Hiring a lawyer is an important step to take as lawyers who practice long term disability law know how to interpret insurance policies and understand what specific terminology and clauses mean, and in turn, your lawyer can explain these things to you.

The legal process can seem like an uphill battle at times, but your lawyer is your representative, and will do everything to get you the best possible settlement and fully advocate for your rights as an insured person.

How long can long-term disability benefits last?

You may have made an application for long-term disability (LTD) benefits as a result of an illness or injury that prevents you from working for a prolonged period of time. Your benefits were approved, but you are wondering how long you will be receiving benefits for.

LTD benefits are a form of income replacement paid to you when you are unable to work due to injury or illness. This benefit pays you a percentage of your monthly income.

Where Can I Find This Information?

The most important information you need to know is contained in your policy, this is why it is very important to review your policy, and if you do not have a copy, to request it from your employer. This includes things like how your policy defines disability (own occupation and any occupation) and at what age the policy ends.

What Factors Affect the Length of Time Benefits Are Paid?

There are several factors that can influence how long you receive benefits for.

The Terms of Your Policy

The duration of your LTD benefits will depend on your insurance policy. Many policies terminate at age 65, but there are policies that have defined periods for payment of LTD benefits, where benefits may only be paid for a maximum of 5 or 10 years.

The Change of Definition

Your insurance company may find you meet the own occupation test (typically 2 years, but be sure to check your policy), and not the any occupation test and terminate benefits at the change of definition.

For reference, the own occupation period is the period of time of where the definition of total disability relates to your inability to perform the duties of your own occupation as a result of illness or injury. The own occupation period in most policies is typically 2 years. When the definition changes to any occupation, in order to be eligible for benefits, you must show that you are unable to perform the duties of any occupation for which you are or may become qualified for by education, training and experience as a result of illness or injury.

Medical Evidence

At any point in time during the claim, if the insurance company feels that medical evidence does not support that you are totally disabled, benefits could be terminated. The insurance company is looking for evidence that supports your restrictions and limitations and is medically supported by your treating physicians and test results where applicable.

Treatment

The insurance company expects that you will seek and attend reasonable treatment and be under the care of appropriate physicians/specialists. For example, if you are off work due to a psychological illness, they will expect you to be treated by a psychiatrist or to attend cognitive behavioural therapy and take prescribed medications. If the insurance company’s opinion is that treatment is less than optimal and you are not seeking proper treatment, they might use that as a reason to terminate benefits.

Rehabilitation Plans & Return to Work Plans

If a rehabilitation program or gradual return to work plan has been arranged, the insurance company expects you to make reasonable efforts to attend treatment and participate in the programs. An insurance company might terminate benefits based on failure to comply with a rehabilitation plan or a return to work plan without supporting medical evidence.

Reasons why your claim may be denied

Benefits can be denied at various stages of a long-term disability claim for a variety of reasons. Here are some common reasons why insurers might deny or terminate benefits.

Your condition might not be considered a critical illness and/or is excluded from coverage e.g. benign tumour.

Material misrepresentation or non-disclosure

If you are purchasing a critical illness policy, you should not leave out important information such as pre-existing health conditions or appear to misrepresent yourself. Sometimes insurance companies attempt to rescind (void) policies for material misrepresentation or non-disclosure and this would mean your policy is no longer valid.

Failure to pay your premiums

If you did not pay your premiums for your critical illness within the “grace period”, it could mean that your policy is no longer in force.

Why was my LTD claim denied?

Benefits can be denied at various stages of a long-term disability claim for a variety of reasons. Here are some common reasons why insurers might deny or terminate benefits.

Surveillance

While assessing your claim, it is within the insurance company’s right to hire a private investigative company to conduct surveillance. Surveillance can include photographs, video and social media/internet searches. Often times, this occurs without your knowledge.

As long as you do not engage in activities that you have been medically advised against doing, surveillance will be of little or no value to the insurer.

If you plan on trying new activities, you should meet with your doctor/treatment provider to first receive medical clearance.

If your insurer believes that surveillance evidence shows you are capable of working because it appears you are engaging in tasks similar to work activities or that show your ability to sustain certain positions, they may use this evidence to deny or terminate your benefits. If you are off work due to psychological reasons and one of your limitations is difficulty interacting with others or concentrating, if surveillance demonstrates you keeping some type of routine, the insurer may interpret this as you being able to function.

Social Media Accounts

Social media accounts are another form of “surveillance” that insurance companies take interest in. Although you may have your Facebook, Twitter, Instagram or other social media platforms privacy settings set to “private’, your public profile may still have photographs or status updates, tagged photographs of you that are questionable.

Social media activity is especially of interest to insurers in claims for psychological illnesses such as depression. Social media is of interest to insurance companies because social media activity can be used to undermine a person’s credibility. Remember, if you can find any content you have created in a Google search, so can your insurance company.

At your initial meeting with your lawyer, it is important to disclose whether or not you a) have social media accounts and b) are active on social media accounts. It is important to know that you should never alter your social media account during a lawsuit. Your lawyer will advise you to preserve your social media as is, even if you plan on discontinuing their use.

Rehabilitation Clause

Most long-term disability policies have a rehabilitation clause which essentially means that LTD benefits are paid as long as you attend appropriate treatment for your condition, and you are under the care of an appropriate physician. By attending treatments regularly, or participating in whatever treatment was recommended, you strengthen your case and that you are willing to participate in your recovery.

By attending doctors’ appointments and complying with treatment recommendations and taking prescribed medications, you show the insurance company that you do suffer from a valid disability. This also helps establish your credibility.

Restrictions & Limitations

While assessing your claim at the outset or on an ongoing basis, the claims adjuster is looking for evidence of how your disability prevents you from performing the duties of your occupation, and later on the duties of any occupation.

As mentioned earlier in this guide, there are typically two definitions of disability in long-term disability policies and these definitions play an important role in the adjudication of your claim.

The claims adjuster is looking to understand what your restrictions and limitations are as a result of your specific condition.

During an ongoing claim, the claims adjuster may ask a medical consultant to perform a paper review of your file. If the medical consultant does not find evidence of what the restrictions and limitations are, he or she will report this to the claims adjuster.

This is why it is important that your doctors complete the Initial Attending Physician’s Statement and provide medical information/documentation that clearly outlines what your limitations and restrictions are.

An example of a restriction would be a person with severe degenerative disc disease who is unable to push or pull more than 10 pounds. A limitation is a task or action that you can only do for a certain period of time as a result of your symptoms, for example, being limited to walking or standing for no more than 10 minutes at a time due to fatigue caused by chronic pain/fibromyalgia.

Having the right and accurate medical information in your file would ideally help your claims adjuster understand your disability.

Lack of Objective Medical Evidence

It is important for your doctors and specialists to understand how the symptoms of your condition, be it physical or psychological affect you. Therefore, you must be honest with symptom reporting so that your treating physicians can properly document this in your chart.

This is especially crucial for chronic pain and psychological claims. Sometimes, insured persons will receive denial letters that state their claim is denied or terminated as a result of “lack of objective medical evidence”. This is challenging for cases of “invisible disabilities”, such as chronic pain, fibromyalgia, chronic fatigue syndrome, mental illnesses and traumatic brain injuries, where the illnesses/injuries do not show up on blood tests or diagnostic imaging.

Because your insurer cannot “see” the injury or illness, it is harder for them to understand how a person’s functioning is affected. This is why it is important for an insured person to seek treatment, comply with treatment and accurately report symptoms.

What are your responsibilities during an LTD claim?

When you first receive an approval letter, it may contain a section that says “Your Responsibilities” or something similarly worded. This information will also be in your policy. Your insurance company has certain expectations of you while you are receiving benefits. The reason the insurance company outlines these responsibilities is because they want you to be aware of what you need to do for benefits to continue and what you should be doing throughout the course of your claim.

These responsibilities generally relate to providing information, facilitating your recovery and pursuing other sources of income.

Make Best Efforts to Recover from Your Injury/Illness

Your insurance company expects you to make a reasonable effort to recover and this includes demonstrating that:

You are under the care of the appropriate physician (s)/specialists/treatment providers for your condition.
You are participating in treatment recommended by your treating physicians/specialists/treatment providers including taking prescribed medications and attending any programs.
That you make an effort to participate in rehabilitation programs.

It is important to note that your insurance company will be asking your doctors/treatment providers for information and updates periodically. The insurance company will also contact you for updates on your current treatment and functional status.

Make Best Efforts to Participate in a Rehabilitation Plan

There is an expectation that you pursue rehabilitation options when appropriate. Rehabilitation could involve working with a rehabilitation consultant who creates a rehabilitation plan.

If you are unable to participate in a rehabilitation plan, you are expected to provide medical evidence that demonstrates your restrictions and limitations and how participating in the program will prolong your recovery.

Rehabilitation Plan

Your claims adjuster may believe that you are or should be able to work in some form in the near future and assign a rehabilitation consultant to your claim. The rehabilitation consultant will meet with you and create a rehabilitation plan.

A rehabilitation plan could include a “multidisciplinary program” to prepare you for a return for work, this could be a program that includes a physiotherapist, kinesiologist or occupational therapist if you have a physical injury or illness and if you have a psychological illness, the rehabilitation consultant might arrange for you to attend cognitive behavioural therapy.

Make Best Efforts to Participate in Gradual Return to Work

Your insurance company wants to see you make a reasonable effort to return to work.

In addition to treatment recommended by your doctors and participation in a rehabilitation program, your insurance company may want you to participate in a “gradual return to work” program

Gradual Return To Work Plan

Your insurance company may contact your employer to explore the possibility of a return to work with modified duties, if available.

If modified duties are available and offered by your employer, the rehabilitation consultant will arrange a gradual return to work schedule and your claims adjust will expect you to attempt to return to work on this schedule.

It is important to remember that your insurance company wants to see that you are actively working towards a return to work, whether at your own occupation, or in an alternate occupation.

Make Best Efforts to Pursue Other Benefits

You may be asked to apply for benefits from other sources that you may qualify for including Canada Pension Plan (CPP) Disability Benefits and to advise your insurer of the outcome of the application. Your insurance company may ask you to appeal any denial of benefits and advise them of the outcome.

The reason you are asked to do this is because your insurance company is allowed to deduct certain sources of income as what is known as an “offset”, such as the CPP benefit from your LTD benefit.

Advise of Any Reportable Income

You must inform your insurance company if you are receiving any income other than your long-term disability benefit in order to avoid an over-payment of LTD benefits.

Examples of Reportable Income Are:

CPP Disability Benefits, WSIB payments, Income Replacement Benefits from a car accident.
Severance payment from your employer if you are terminated.
You should also inform your claims adjuster if you return to your job or to any other job and have reportable income such as earnings from employer, or self-employment income.

Overpayment

Be sure to check your policy for what counts as reportable income as this affects your benefit amount and if it turns out that your LTD payment needs to be adjusted, you could end up in a situation where your insurance company “overpaid” you and they have to recover money from you.

Advise of Any Changes to Your Health

If you have had any significant changes to your health status, it is important to notify your insurance company as this can affect your ability to participate in any rehabilitation programs or return to work programs.

Significant changes to your medical condition include new diagnoses, new findings on diagnostic imaging or testing or scheduled surgeries.

What if my claim was denied?

Even if your claim has been denied or you think it is about to be denied, it is still important to participate in, and seek ongoing treatment and pursue the appropriate treatment options for your condition.

This is particularly important for claims that involve conditions such as fibromyalgia, chronic pain, chronic fatigue syndrome and psychological illnesses. These types of illnesses are difficult to diagnose with objective testing such as bloodwork or diagnostic imaging and this is why it is important to attend regular doctor’s appointments and attend regular treatment so your physicians can determine your limitations and restrictions and document your ongoing symptoms that prevent you from working.

Insurance companies may deny claims for invisible illnesses due to a lack of objective medical evidence or because a person has not participated in treatment/followed treatment recommendations or is not under the care of an appropriate physician.

A Closer Look At Critical Illness Insurance Claims In Ontario

devops@elitedigital.ca (Dev Ops) — Mon, 13 Jul 2020 18:30:07 GMT

There is much to know when it comes to critical illness (CI) claims . This guide will provide a comprehensive overview of critical illness insurance to help you to better understand the way this type of insurance product works and the claims process.

This guide will give will explore:

What critical illness insurance is and how it works
What you need to know about critical illness insurance
The differences between critical illness insurance and long-term disability (LTD) benefits
The steps you should take before you file a critical illness claim
Reasons why your critical illness insurance claim might be denied
What to do if your claim is denied

What Is Critical Illness Insurance?

Critical illness insurance is a type of life insurance. Critical illness insurance is meant to help cover medical expenses and ease the financial stress of a difficult situation. It is considered a “living benefit” insurance that offsets your lost income during your illness and its main purpose is to help pay for additional expenses incurred by those who survive a major illness (one of the “covered conditions” under the policy).

Types of Critical Illness Insurance

You can purchase an individual policy, or you may have critical illness insurance as part of your group benefits package at work. It is always important to read your policy to understand what illnesses are covered and what exclusions might apply.

How It Works

Critical illness insurance pays a lump sum amount if the policy holder is diagnosed and meets the survival period. The general idea is that the lump sum covers the amount of income that may be lost while the person is off work for treatment or recovering. It can also offset the cost of private nursing care, attendant care, medications or other such needs.

What Do I Need To Know About Critical Illness Insurance?

You should always review any insurance policy you have to make sure you understand the terms and conditions.

The following are some key points about critical illness insurance claims you should keep in mind.

A diagnosis must be confirmed

Typical illnesses and diseases covered by insurance companies included cancer, Parkinson’s, AIDS, Lou Gehrig’s Disease (ALS), heart attack, stroke, organ transplants, kidney failure, paralysis and blindness.

Your policy covers specific illnesses

In most policies, the insurer reduces your LTD benefit by the full amount being received from the other source. However, in some policies, the wording may be different and only allow the insurance to only deduct a certain percentage of your CPP Disability Benefit and not the entire benefit.

You must pass a survival period

It is important to note that before a claim can be paid, you are subject to a “survival period”, and the length of this period depends on the type of illness you have. A typical survival period is 30 days.

You can only make one claim

The benefit is only paid once, and coverage terminates upon payout of benefits. You would not be able to make multiple claims under your critical illness policy as coverage ends once you have been diagnosed with one of the listed conditions and made a claim. Critical illness insurance differs from other types of disability insurance where you are paid weekly or monthly and your coverage remains in place even after you have made a claim.

The policy is medically underwritten

A critical illness policy (if it is an individual policy) is medically underwritten, like a life insurance policy. Your medical history and family history are carefully examined for pre-existing conditions or risks.

Who provides the diagnosis matters

A diagnosis must be made by a qualified physician or specialist, who is licensed to practice medicine in Canada and specializes in the illness/disease you are making a claim for. The diagnosis must meet the definition of the condition.

A CI payment is not an offset

If your claim for critical illness insurance is approved, it does not reduce the amount of long-term disability benefits you are entitled to as it is not a type of income replacement benefit.

What Are The Differences Between Critical Illness Insurance And Long-term Disability Benefits

While LTD policies and CI policies have some similarities, there are also some key differences that you should be aware of.

Medical information

Both long-term disability benefits and critical illness claims require you to submit medical information for your claim to be processed.

Frequency of benefit payment

A critical illness policy will only pay you a one-time lump sum benefit while LTD benefits are payable monthly, if you meet the policy’s definition of total disability. As well, with LTD claims, the insurance company is also basing their decision on your level of impairment in addition to your diagnosis.

Definition of disability

LTD benefits provide a monthly income benefit if you meet the policy’s definition for total disability because of an injury (including car accident) or illness. CI policies cover major illnesses only.

How the policy is underwritten

A CI policy is medically underwritten, meaning your medical history and family history are carefully reviewed. With disability insurance, your medical health is considered, but not as carefully examined and closely reviewed as with CI policies. In a long-term disability policy, your occupation is what is heavily weighed for the initial assessment period of your claim.

The amount of coverage you have

When you take out an individual critical illness policy, you can choose the amount of coverage you want to be insured for and with a group policy, you have a set amount of coverage your employer has chosen. LTD benefits are usually based on a percentage of your pre-disability monthly earnings, or a set amount if there is a policy maximum in your group policy or you have chosen a flat rate in your individual policy.

Offsets

LTD benefits are subject to offsets and can be reduced by other benefits you receive, i.e. Canada Pension Plan Disability Benefits or WSIB benefits. Critical illness insurance is not subject to offsets. You receive the lump sum amount you are insured for.

The Waiting Period

Like LTD policies, CI policies have a “waiting period”, called a survival period, but the length of this period depends on the type of illness you have and is generally shorter than the waiting period for LTD benefits to begin.

Recurrent disability

CI coverage terminates upon payout of benefits. You cannot make another claim under that policy. Under an LTD policy, you can make a claim for recurrent disability or for another condition that occurs.

What steps should I take before filing my CI claim?

Before you file your critical illness claim, you want to be informed and aware of certain things. What follows are some suggested steps to take into consideration before filing a CI claim.

Read your policy

You should check to see what kind of coverage you have and that your condition is covered and what the survival period is for your condition. For example, certain types of cancers may not be covered or you must have a later stage cancer in order for it to be considered a covered illness.

Collect medical and other relevant documents

You should ask for copies of your specialist’s report which documents your diagnosis, any relevant diagnostic imaging, laboratory results or other type of relevant medical documentation. You should also keep all receipts related to your out of pocket medical expenses.

Answer the questions on the application (and any interview with the insurer) honestly

The insurance company will review your claim and will check to see if the answers you gave are consistent with the statements you made at the time of application.

Provide the requested documentation/information

The insurance company may require additional information. It is important to provide the requested information so that your claim can be processed faster.

Keep copies of all your medical records/documents

You should make copies of all documents submitted to the insurance company for your own records.

Why was my CI claim denied?

There are a number of reasons why insurance companies deny claims. We have listed some common reasons below.

Unclear diagnosis

It is important to consider that there can be differing definitions of a covered critical illness (for example, how a heart attack or stroke is described). Therefore, it is important to read your policy to find out what your policy’s definition of your condition is and that a qualified specialist make/confirm the diagnosis and provide you with supportive documentation.

Failure to provide adequate/proper documentation

In order to process your claim, you need to provide your insurance company with documents that show your diagnosis (i.e. specialist reports).

The condition does not meet the definition of critical illness

You may be told that your condition does not meet the definition of critical illness. This could be for a variety of reasons. One example is if the condition is considered treatable. For example, if you made a claim as a result of a cancer diagnosis, depending on the type of cancer you are diagnosed with, you may not be eligible to receive the benefit.

The condition is not covered

Your condition might not be considered a critical illness and/or is excluded from coverage e.g. benign tumour.

Material misrepresentation or non-disclosure

Failure to pay your premiums

If you did not pay your premiums for your critical illness within the “grace period”, it could mean that your policy is no longer in force.

What Can I Do If My Claim Is Denied?

If you find yourself in the unfortunate position where your claim has been denied, you should know that you CAN fight your insurance company’s decision.

Keep good records

Keep copies of all correspondence with the insurance company;
Have documented/notes from any phone calls with the insurance company;
Have a copy of your policy;
Have copies of any relevant medical documents used to support your claim.

Know you can seek a legal opinion

If your claim is denied, you can contact an experienced lawyer to help you fight the insurance company’s decision. You are going through a difficult time and may want assistance with the appeal process.

How can a lawyer help?

Interpret the denial letter

A lawyer who has experience handling critical illness denials can explain to you what the denial letter means and what the insurance company’s position is. Your lawyer can explain why your claim was denied and what kind of information the insurance company is looking for.

Explain limitation periods

Your lawyer can help you understand any time limits and deadlines (known as “limitation periods”) that you need to be aware of. This includes how long you have to start a court action against your insurance company.

Interpret your policy

An experienced lawyer can review your policy with you if you are uncertain as to what certain terms/provisions mean to help you gain a better understanding of your policy.

Advise you of your rights

As an insured person, you have certain legal rights and obligations which you may or may not be aware of. A lawyer can explain what these are.

Explain the legal process

The litigation process involves many steps and it can take some time before your lawsuit comes to a resolution. A lawyer can provide an overview of what the process is, from commencing the lawsuit to examinations for discovery to mediation/settlement discussions and guide you so you know what to expect over the course of your lawsuit.

Start a lawsuit

Once you have retained a lawyer, he/she can commence a court action against your insurance company if that is the avenue you wish to pursue.

As you can see, insurance companies may deny critical illness claims for a variety of reasons, but you do have the option to fight their decision.

We hope this guide has helped to give you a sense of how your claim is being assessed and what your insurance company is looking for in order to pay out your critical illness claim.

A Closer Look at Three Important LTD Terms

devops@elitedigital.ca (Dev Ops) — Mon, 13 Jul 2020 18:30:04 GMT

There are many terms and provisions used in insurance policies that sound confusion and are difficult to interpret. When you are on claim (receiving benefits) and receive letters from your insurance company, you may see various terms used that you haven’t heard of, such as “total disability”, “own occupation”, “change of definition”, “gradual return to work plan”, “rehabilitation provision”, “offset” and “recurrent disability”. You may wonder how these terms apply to you.

This article will take a closer look at some of these terms to provide you with a better understanding of how they may apply to your claim.

This blog will explore:

Gradual return to work plans and rehabilitation provision
What an offset is
How the recurrent disability provision works

Gradual Return to Work Plans and the Rehabilitation Provision

When you are initially approved for benefits and receive the approval letter, included in the letter is an overview of your plan’s “definition of disability” (the criteria you must met in order to be considered disabled under the policy). Group plans typically have 2 definitions, one for the own occupation period and one for the any occupation period.

During the initial assessment period, the case manager (insurance adjuster) is considering whether or not you can perform the duties of your own occupation and as the any occupation nears, the test is whether you can perform the duties of an alternate occupation that you may be suited for by education, training or experience

The Rehabilitation Provision

You may be wondering what this provision means for you, what it involves and what your responsibilities as the “employee” are. You may also be wondering if you must participate in the arranged rehabilitation program.

While you are receiving benefits, your case manager periodically reviews your claim to determine if you continue to meet your policy’s definition of total disability. When considering these criteria, your ability to work is taken into consideration as it relates to your medical condition as well as what the expected recovery time is and if you have received/are receiving and participating in appropriate treatment.

The Role of the Rehabilitation Consultant

Often times when you have been in receipt of LTD benefits for a period of time, your case manager will request the involvement of a rehabilitation consultant/specialist to help prepare you for a gradual return to work or prepare you to work in an alternate position/occupation.

If your case manager assigns a rehabilitation consultant to your claim, it seems that your insurer feels it is an appropriate time to offer assistance with returning to either to your own occupation or an alternate occupation.

Whether the goal is to return you to your former employment or to help you prepare for a new occupation depends on how long benefits have been paid for or depends on the nature of your disability. The test for disability in the any occupation period is stricter and more difficult to meet. As mentioned, the case manager, in addition to medical information considers your level of education, type of training you have received while at your occupation and previous work experience.

The rehabilitation consultant’s role is to determine what kind of gradual return to work plan is appropriate and what type of work hardening program or assessments, if appropriate, are necessary before this takes place. This occurs because your insurance company is trying to determine what your restrictions and limitations are.

How Does A Gradual Return to Work Plan Work?

A gradual return to work plan could be, for example, 4 weeks to 8 weeks, or more. A gradual return to work plan means you return to work on a gradual basis, i.e. the 1st week you work 2 -3 days, maybe every other day, for 4 hours per day and you increase your hours and the number of days you work each week so that by the end of the program you have achieved full time hours and days. Your duties may have to be modified and the rehabilitation consultant is supposed to provide this information to your employer.

How Does My Insurance Company Know My Limitations and Restrictions?

How would your case manager know what your limitations and restrictions are?

It is not uncommon for your case manager to write to your treating physician(s) and treatment providers to ask for an update on your current health status and to ask if there are any symptoms or reasons why you are unable to return to work (your own job or any job) at that time or in the near future. If your doctor does not feel you are able to return to work, an explanation of what your limitations and restrictions would be needs to be provided.

If your insurer has requested that you participate in a work hardening program, the case manager will ask that these types of questions be answered in progress reports/discharge reports from the treatment providers at the clinic you attend for treatment.

It is also possible that an in-person independent medical examination is arranged.

Another way your case manager can determine if you are able to work and what your limitations and restrictions are is through what is known as a functional capacity evaluation (FCE). This assessment typically occurs over the course of 2 days and the results of testing are used to determine if you could work a sedentary, light, medium, heavy strength demands type of job.

After your case manager receives this information, if he/she feels that there are no medical contradictions (physical or psychological) preventing you from starting a gradual return to work plan, the rehabilitation consultant is asked to put one in place.

You will be advised of this and usually under a rehabilitation provision, if an employee does not participate or cooperate in a rehabilitation program or plan that has been approved, he/she is no longer entitled to benefits.

What If I Can’t Participate?

If you try working and your symptoms are exacerbated, you should advise your doctor(s) of any new or worsening symptoms you are experiencing and advise your case manager and rehabilitation consultant. If you are unable to follow the plan, you will be advised by your case manager that you are responsible for submitting additional information that explains why you cannot continue working.

What If My Doctor Does Not Approve of the Plan?

If your doctor believes that it is too soon for you to return to work and that you cannot participate in the rehabilitation/gradual return to work plan, you are responsible for submitting additional information that explains your inability to work.

What Medical Evidence Is Required?

The type of evidence that your insurance company is looking for includes documentation (doctor’s records, specialist’s consultation reports, test results) that supports your symptoms, complications, treatment and other factor that contribute to a longer than expected recovery.

If your pre-disability position was sedentary, and your disability is related to chronic pain or psychological illness (an “invisible illness”), it is important to demonstrate how your symptoms impact your function and activities of daily living, i.e. your ability to focus and concentrate, interact with others and the general public.

What is an Offset?

What does the term “offset” mean and how does it apply to your long-term disability claim?

You may not be aware that many insurance policies contain a provision that allows the insurer to reduce the amount of your monthly benefit if you receive benefits from certain sources (“offsets”). The sources referred to for the most part relate to income you would be receiving because of your current disability.

Common offsets include:

WSIB benefits (or a similar benefit)
Canada Pension Plan (CPP) Disability Benefits
A retirement or pension plan (including Canada Pension Plan)
Earnings or payments from any employer (this includes severance payments and vacation pay)
Income from self-employment

How It Works

Here is an example:

If you started receiving LTD benefits in January 2017 to date in the amount of $2000 and were approved for CPP Disability Benefits in May 2017 in the amount of $1000, your new benefit amount would be $1000.
You would have to reimburse your insurance company for the period of time where you received both benefits without your LTD benefit being reduced (May to September 2017).

When the offset provision would not apply

There are instances where certain benefits will not be deducted from your LTD benefit. For example, if you were receiving WSIB benefits for a disability from a different employer for a disability that happened before the start of the current disability claim with your current employer, it is not considered an offset. It should also be noted that some policies do not allow for your insurer to use the Child Benefit received from CPP Disability Benefits as an offset, while others do. It is important to review your policy wording to make sure your benefit is calculated properly.

Beware of the “Estimated” Offset

Your insurance policy may also contain language that says even if you do not apply for a benefit that you are eligible for (CPP Disability for example), the amount of the benefit will be estimated by the insurer and assumed to be paid.

Regarding Severance Packages

If you are terminated from your position during your long-term disability claim or while on disability leave and receive a severance package, that money is considered to be an offset as it represents income. If you feel you were wrongfully dismissed or want to know if the severance package you are offered is fair, you should contact a lawyer to find out your rights and ask how your employment situation could potentially affect your long-term disability claim.

Why this Provision Exists

Ultimately, your insurance company is trying to prevent an “overpayment” situation and a situation where you would be “double dipping”, meaning that you should not be paid twice for the same period of time.

How Does a Recurrent Disability Provision Work

If you returned to work full time after a gradual return to work program or on a trial basis and are unable to continue working, you may be wondering what your next steps should be.

Will you have to file a new short-term disability claim or long-term disability claim? Do you need to re-qualify for benefits and go through another waiting period?

This is where the recurrent disability provision comes in. If you are unable to work due to the same or a related disability, you can go back on claim through what is known as a recurrent disability provision.

The Purpose of the Provision

Under most policies, this provision allows you to return on claim if you become disabled again for the same or related disability within 6 months of returning to work.

The purpose of this provision is so that you would not have to satisfy another “elimination period” (waiting period). It is important to consider that some waiting periods can be as long as 6 months to 1 year.

What Do I Need to Know?

If you are unable to work due to symptom exacerbation or a condition related to your previous disability, you need to advise your insurance company as soon as possible as there is a time limit to make a claim under a recurrent disability provision. For example, in most policies, it is 6
months.

If your disability recurs after a longer period, you would have to complete a new application and complete the waiting period.

It is important to note that your claim for recurrent disability still requires you to provide medical evidence. You must show your insurance company that you have restrictions and limitations that affect your ability to work and are medically supported.

What Medical Documentation is Required?

What medical evidence do you have to provide?

Your insurance company is looking for evidence that your recurrent disability is the same condition that took you off work before or that it is related to your previous condition.

It is advisable that you provide documents such as updated clinical notes and records from your doctors and specialists, new x-rays or MRIs, prescription printouts are examples of medical evidence you can provide.

Your insurance company is looking to understand why and how your condition prevents you from working and the restrictions and limitations it causes.

We hope that this article has provided you with helpful insights into long-term disability claims and how your claim is assessed closer to the change of definition.

A Guide To Traumatic Brain Injury Claims

devops@elitedigital.ca (Dev Ops) — Fri, 10 Jul 2020 19:17:11 GMT

June is national brain injury awareness month in Canada. It is an annual event that raises awareness about the prevalence of brain injuries in Canada.

Brain injuries are serious and can cause life-altering symptoms and challenges.

As personal injury / disability lawyers, we have experience working with clients who have sustained traumatic brain injuries (TBI) as a result of car accidents and slip and fall accidents (or another type of personal injury). We understand that a traumatic brain injury can be a life-altering event and that the effects of a brain injury can impact a person’s ability to work. If you have sustained a TBI as a result of a personal injury, or you have a disability claim that has been denied, it is important to consult a lawyer who is familiar with these types of cases.

This blog will be a detailed look into brain injuries and the impact they have.

What Is A Brain Injury?

According to the Brain Injury Association of Durham Region , an acquired brain injury is any damage to the brain that occurs after birth due to a traumatic event such as a blow to the head or a non-traumatic event i.e. medical event (stroke, seizure, tumors) and events where the brain has been deprived of oxygen.

As explained by Brain Injury Canada , there are 2 types of “acquired” brain injuries (ABI). The first is non-traumatic and the second is traumatic type. A non-traumatic ABI is caused by something internal or by a substance introduced into the body that damages brain tissues and includes strokes, aneurysm, seizure disorders, brain tumour, poisoning, substance abuse and opioid overdose. It can also be caused by conditions/illnesses like meningitis, encephalitis, hydrocephalus, vasculitis and hematoma to the brain. It is not caused by congenital disorders or degenerative disease such as Alzheimer’s Disease, Multiple Sclerosis or Parkinson’s Disease.

In comparison, a traumatic ABI (or TBI) is caused by external forces to the body such as a blow, bump, hit, jolt from sources such as car accidents, falls, assault, sports injuries, explosive blasts, combat injuries. A TBI can result in temporary injury or can result in more serious and long-term damage.

A concussion is a type of brain injury and is a mild brain injury. According to Ontario Brain Injury Association , a concussion can be caused by a sudden acceleration of the head and neck, resulting from a blow or contact to the body. It is noted that you need not have lost consciousness to have sustained a concussion. Symptoms can appear immediately or days following the initial injury.

What Are The Effects Of A Brain Injury?

A brain injury can result in various physical, cognitive and behavioural/emotional impairments and this is why a brain injury can interfere with the brain’s ability to perform various tasks. Impairments could be permanent or temporary.

According to the Brain Injury Association of Durham Region , common symptoms of a brain injury are:

Physical: coordination and balance problems, chronic pain, fatigue, seizures, sleep difficulties, movement problems, full or partial paralysis.
Sensory: vision or hearing difficulties, impairment of sense of smell and/or taste.
Communication: word-finding problems, impaired speech, difficulty understanding oral, written or non-verbal language.
Emotional: depression, anger management, low frustration tolerance, mood swings, difficulty expressing emotions appropriately.
Cognitive: memory loss, memory-processing problems, problems with attention and concentration, slowed information processing, impaired judgment, problem-solving difficulties and social behavioural problems.

According to Brain Injury Canada, traumatic ABI’s often cause a concussion and concussions are classified as either mild, moderate or severe, based on symptoms and how long they last. Symptoms of a concussion include confusion, headache, forgetfulness, loss of consciousness, balance problems/dizziness, double vision, sensitivity to light or noise, nausea, feeling sluggish, foggy or groggy, irritability, concentration and memory problems and slowed reaction time.

How Can A Brain Injury Affect My Ability To Work?

Given the numerous symptoms resulting from a brain injury, a person may develop difficulties with day to day functioning. No two brain injuries are alike but common issues people with brain injuries experience include memory loss, impaired reasoning skills, difficulty socializing, forgetfulness, difficulty controlling emotions and adapting to changes. As well, a person may also be experiencing physical symptoms such as headaches, dizziness, balance issues and have trouble with many activities of daily living. These types of symptoms can pose challenges when it comes to completed work tasks.

For example, someone who worked in a factory may have difficulty tolerating noise and lights and being around too many people at once and become dizzy and unable to operate any machinery. Or someone working in an office may find it difficult to work on a computer for long periods of time due to visual changes or may be having difficulty interacting with other people and have trouble working with coworkers. A person in a customer service role may have a reduced tolerance and be very irritable and unable to control emotions around customers.

Some people also develop psychological symptoms including depression as a result of their symptoms.

As you can see, there are many ways a brain injury can affect a person’s ability to return to normal activities of daily living. Some people may require supervision after a serious injury and require the help of an occupational therapist and caregiver.

Important Statistics

Consider these statistics from Brain Injury Canada:

Approximately 1.5 million Canadians live with an acquired brain injury
Brain injury is the leading cause of disability and death for Canadians under the age of 40
The annual occurrence of ABI is more than that of Multiple Sclerosis, Spinal Cord Injury, HIV/AIDS and Breast Cancer combined

Statistics from the Brain Injury Association of Durham Region include :

144 new brain injuries are sustained every day in Ontario
Every year 150,000 Canadians suffer an acquired brain injury
It is thought that a brain injury will occur every 3.5 minutes in Canada
Currently there are close to 500,000 people in Ontario who are diagnosed with an ABI
Brain injuries occur 10x more often than spinal cord injuries
More than 800 Ontarians die each year due to brain injuries
More than 12,000 people in Ontario sustain disabling brain injuries every year

The Brain Injury Association of Durham Region also informs us that the most common cause of brain injury is motor vehicle collisions (45%) followed by falls, bicycle incidents, workplace injuries, sports, assaults and other traumatic causes, medical conditions or disease, asphyxia, poisoning, other toxins.

Why Should I Contact A Lawyer?

You may have been injured as a result of a slip and fall accident or a motor vehicle accident or another type of personal injury. A lawyer can explain to you what your rights are as an injured person. When your injury is the result of a motor vehicle accident, a lawyer can explain to you how to apply for statutory accident benefits (medical/rehabilitation benefits and income replacement benefits through your own insurance company) and help you when benefits are denied. A lawyer can also help you to commence a legal action against the at-fault driver and explain to you what the limitation period is (how long you have to sue).

If you were injured as a result of a personal injury, a lawyer will advise you of the appropriate limitation period (how long you have to sue) and will help you determine who the appropriate parties to sue are. A lawyer can help you to put the parties “on notice” and advise them that you intend to pursue a legal action against them.

You may have been receiving short-term and/or long-term disability benefits as a result of being off work due to your injury. Your insurance company may request that you participate in a gradual return to work or advise you that your benefits are being terminated because it is believed you can work in some capacity. If you are medically unable to return to work and your benefits are denied, you should know that you can fight your insurance company’s decision and pursue a legal action against them. You should contact a lawyer as soon as possible to find out what your legal options are. A lawyer will help you to understand the terminology in letters you received from the insurance company.

Staying Safe

Here are some safety tips we want you to consider whether you are walking, cycling, driving a motorcycle or driving a motor vehicle all year round:

Always pay attention to your surroundings – watch for hidden driveways, or for pedestrians walking out from parked cars/between parked cars.
Plan your route so you don’t have to rush and so you know where heavy areas of traffic will be.
Watch out for debris on the sidewalks/roads.
Watch out for ice, snow, wet areas when walking.
Watch out for slippery conditions when driving.
See and be seen when you are a pedestrian.
See and be seen when operating any type of vehicle- make sure you have a reflective light/reflective clothing, or your lights are turned on and use turn signals.
Don’t drive too close to a car if you are a motorcycle or cyclist.
Don’t jaywalk- always cross at an intersection.
Wear a helmet – helmets can really make a difference.
Don’t drive or ride distracted – that text or email can wait, and you put yourself and other road users at risk.
Don’t drive or ride while impaired – you put yourself and other road users at risk.

A Closer Look At Short-term Disability Benefits In Ontario

devops@elitedigital.ca (Dev Ops) — Fri, 10 Jul 2020 17:56:23 GMT

Employers may offer various benefits as part of your group benefits package, including short-term and long-term disability benefits.

When you fall ill or sustain an injury that leaves you unable to work for a period of time, applying for disability benefits can seem overwhelming and like a monumental task. Insurance policies can appear to be complex and difficult to understand. It might not be clear what type of information the insurance company is looking for in order to approve your claim.

This blog will explain what short-term disability (STD) benefits are and key information you should know about STD benefits and STD claims.

Important Facts About Short-term Disability Claims

The Waiting Period

The waiting period for short-term disability benefits is short relative to the waiting period for long-term disability benefits. For example, it can range from 1 day to 1 week and is dependent on the policy.

How STD Benefits Are Paid

STD benefits are paid weekly and pay a percentage of your weekly earnings for a specified duration of time if you are unable to work as a result of illness or injury .

How Long Are STD Benefits Paid For?

Short-term disability benefits are only paid for a defined period of time. The period for which STD benefits can be paid ranges from 15 weeks to 52 weeks and is dependent on your policy.

How STD Benefits Are Calculated

STD benefits are calculated based on a percentage of your weekly earnings. The exact percentage is set out in your policy. It is important that you are aware of what your weekly earnings are, so that you can make sure your benefit has been properly calculated. Your benefit can range from 50% to 100% of your weekly earnings.
Under some polices, where STD benefits are paid for example, for 52 weeks, the formula for payment can vary for the period and be 100% for the first 6 weeks, 75% for the next 6 weeks and 55% for the remaining 40 weeks.
Some employers offer the employee an opportunity to “top up” their coverage for STD benefits and change from what is known as a “core plan” (basic plan) to an optional plan so that they may receive a higher percentage of their weekly income if they go on short-term disability leave.

What Medical Evidence Is Needed?

As with any type of disability claim, the insurance company is looking for medical evidence that substantiates your disability and shows evidence that you have medically supported restrictions and limitations. Does your medical evidence show how your illness or injury or condition impacts your ability to perform the essential duties of your position.

Who Pays The Benefit?

Sometimes your employer has an arrangement with the insurance company known as an Administrative Services Only agreement, where the insurance company adjudicates the claim, but your employer is responsible for paying the benefit. The insurance company advises your employer if benefits are approved, should continue to be paid and when they are denied. However, the insurance company is not allowed to release confidential medical information to your employer.

Can You Fight A Denial Of Benefits?

A denial of benefits at any stage of the claim can be appealed, however you have the right to retain a lawyer to commence a legal action against the insurance company. If your benefits have been denied, you should contact an experienced disability lawyer as soon as possible to determine the best course of action.

What Happens When My STD Benefits End?

In recent posts we have discussed short-term disability benefits in detail, including the differences between short-term disability (STD) and long-term disability (LTD) benefits.

If you are a disabled employee who has access to both short-term disability (STD) and long-term disability (LTD) benefits, you may be wondering how these two benefits integrate. This blog post will provide a brief overview of what happens when your STD benefits transition to LTD benefits.

Who Assesses My Claim?

Some employers have two different providers for short-term disability benefits and long-term disability benefits, and most insurance companies have difference case managers (claims adjudicators) for STD claims and LTD claims. For example, some employers choose a third-party company to administer the policy and make decisions about the STD claim while the employer pays the benefit (known as an “administrative services only” contact) and other employers have the insurance company administer both claims.

What will typically happen towards the end of the short-term disability period is that your short-term disability case manager will send your claim for an “LTD Transition Review” by sending your medical documentation and your information to a long-term disability case manager.

Ideally, this would be completed within a reasonable timeframe so that if you are approved for LTD benefits, your benefits would commence on time.

How Is My Claim Assessed?

When your claim is being assessed for eligibility benefits, the case manager is looking to see if you meet the test for total disability during the waiting period, which, if you have STD benefits, is the maximum amount of time benefits would be paid for.

The definition of disability during the STD claim is usually whether or not you are able to perform the essential duties of your own (or similar) occupation. The definition of disability during the initial part of an LTD claim is typically the same; concerning your ability to work in your own occupation.

The case manager is looking for medical evidence that supports your reported symptoms, limitations and restrictions.

Do I Need To Make A Separate Application For Long-Term Disability Benefits?

Due to recent case law, it is important that you ensure a complete LTD application is being submitted to your insurance company so that you do not forfeit your right to benefits. If the end of the waiting period is nearing and you have not been provided with LTD forms from the insurance company, you should request an LTD application package (if it is a different provider than your STD insurer) or an LTD transition package (if it is the same insurer). You must submit your Member’s Statement and Attending Physician’s Statement within a timely manner, in accordance with your policy. It is of utmost importance that you review your policy to find out how long you have to make an application.

Will My Benefits Start On Time?

When your LTD benefits start will depend on a variety of factors including:
When the STD case manager transferred information to the LTD case manager (or insurance company, if different) and how long it takes them to review it
If further medical information is needed other than what is in the STD file and an Attending Physician’s Statement, and if it has been provided in a timely manner
If a medical consultant review is deemed necessary by the case manager
When your complete application is submitted (the insurance company will need the Employer Statement or Transition Form to be completed as well)

What If My Insurance Company Arranged A Gradual Return To Work For Me?

Sometimes an insurance company may arrange what is called a “gradual return to work” program as they feel you are able to return to work on a graduated basis. This might occur at any point in your claim. It could occur towards the end of your STD claim and extend into your LTD claim. Your benefits may only be approved until the end of the gradual return to work program. However, you may not be able to participate in the program as your treating physician (s) do not feel you are ready to engage in work at that time or you may have tried it, and it exacerbated your symptoms.

If you are unable to complete a gradual return to work, it is important to provide your insurer with medical evidence demonstrating your functional limitations and how working exacerbates your symptoms/condition.

Why Might My LTD Benefits Be Denied?

Common reasons for denial of benefits may include:

You did not satisfy the definition of disability during the waiting period
Lack of objective medical evidence to support a diagnosis or symptoms
Lack of objective medical evidence to support restrictions and limitations
Failure to attend appropriate or reasonable treatment
You did not participate in a return-to-work or rehabilitation program and it is believed you were medically able to
No medical evidence was provided by your treating physicians (they did not respond to requests)

You should know that you can fight the insurer’s decision to deny benefits.

Your Guide For Adjusting to DST & March Break Safety Tips

devops@elitedigital.ca (Dev Ops) — Wed, 08 Jul 2020 17:48:26 GMT

Daylight Saving Time (DST) starts this weekend, Sunday March 13, 2022.

This year, elementary school and high school students will enjoy their March Break the week of March 11, 2019, the day after DST begins.

As a road user, it is always important to exercise caution as a road user, whether you are driving a car, riding a bicycle or walking at an intersection. It is known that there is a correlation between the beginning of DST and an increase in car accidents.

It is also known that the start of daylight saving time causes a change to our sleep cycles, a.k.a. our circadian rhythm. The loss of one hour of sleep does make a difference, as most people already do not get adequate amounts of sleep. The “Spring Forward” can be more difficult for people who suffer from psychological conditions and insomnia/sleep disorders and it may take longer for them to adjust to the time change.

There are ways to help your system adjust to the time change and to get a better night’s sleep

Try going to bed earlier, using short intervals of time, until you become accustomed to the “new time”.
Wake up at the same time every day.
Avoid caffeine in the afternoon.
Stay hydrated throughout the day.
Avoid taking naps during the day.
Eat your meals at the same time daily and avoid eating too close to bedtime.
Avoid “blue screens” one hour before bed (computers, iPads, tables, smart phones etc.).
Avoid watching television too close to bed time, and do not watch anything stimulating.
Sleep in a cool, dark environment.
Listen to some calming music or a meditation to help you fall asleep.

And with students on March Break, it is important for drivers to be on alert for increased pedestrians at intersections and on the roads/streets. Here are some safety tips for everyone:

Check intersections carefully (look left, centre, right) before proceeding through the intersection.
Go slowly in residential areas, school zones, near parks and playgrounds and be on the lookout for children playing in the streets.
Obey the posted the speed limits and rules of the road (i.e. use our turn signals, obey traffic lights).
Pay attention to the weather and drive accordingly (March weather can be unpredictable!).
Don’t drive distracted!
Avoid driving drowsy.
Be careful near ponds and ice patches so you can avoid injuries.
Pedestrians should use crosswalks to cross the street and marked pedestrian crosswalks where available and cross at actual intersections if possible, to avoid jaywalking.
Don’t walk and text when crossing at an intersection or crosswalk.
Pedestrians should wear bright or reflective clothing, especially at night.
If you are a cyclist, make sure it is in good working order and has a reflector and a bell, so you are seen and heard.

We hope that you and your families enjoy a safe and relaxing March Break!

Aaron Waxman and Associates Celebrates A Milestone Anniversary

devops@elitedigital.ca (Dev Ops) — Wed, 08 Jul 2020 15:58:18 GMT

On September 25, 2018, our firm celebrates its 10th anniversary.

Over the years our firm has grown to include 7 lawyers and many administrative staff, who are all dedicated to helping our clients.

Our firm handles various types of claims from disability claims, employment claims, car accident claims, personal injury claims as well as critical illness denials and life insurance claim denials. We do not do any work for insurance companies; we work for those whose claims have been denied or those who have been injured as a result of a car accident or another type of personal injury.

The lawyers in our firm commit themselves to achieving a fair and proper settlement for clients and always make sure that our clients understand each step of the legal process. We strive to advocate vigorously for our clients while always respecting their dignity and treating them with compassion. Mr. Waxman says, “ My desire to exceed the expectations of my clients and for fairness is the driving force behind each client's claim ”.

Our clients feel comfortable calling their lawyer, and in knowing that their lawyer will personally return their calls.

When you’re going through a stressful time as a result of an illness or injury and need the assistance of a lawyer, one of the most important decisions you can make is choosing the right lawyer to represent you. This is why it is important to find a lawyer who will properly represent your interests and who will understand the complexities of your case, takes the time to explain the process and of course, who you feel comfortable with when it comes to contacting to ask any future questions.

We have always offered potential clients a free initial consultation and we are happy to arrange a meeting at a date and time of your choosing. Our firm only gets paid when your case settles, and we don’t charge any upfront legal fees or monthly bills throughout your case.

Group LTD Policies vs. Occupational LTD Policies: What’s the Difference?

devops@elitedigital.ca (Dev Ops) — Wed, 08 Jul 2020 15:46:18 GMT

If you work for an employer that provides group benefits, you may have long-term disability (LTD) benefits as part of your benefits package. Some employers also have an additional LTD policy to cover workplace illnesses/injuries, called an occupational long-term disability policy.

There are some similarities and differences between occupational policies and group policies.

This blog will cover the following:

What is an occupational LTD policy?
What are the similarities between a group LTD policy and an occupational LTD policy?
What are the differences between the two types of policies?
What do I need to know about making a long-term disability claim?

What is an occupational long-term disability policy?

In Ontario, employers in certain industries are required to have coverage under a workers’ compensation plan (e.g. WSIB). There are some companies (e.g. banks) that have an occupational long-term policy in place to cover workplace illnesses and injuries that may have ordinarily been covered under a provincial workers’ compensation benefits.

An occupational policy is used for mental or physical illnesses or injuries that are specifically related to the workplace.

The Similarities

Definition of total disability

Both types of policies have a definition of disability you must meet to qualify for benefits.

Own Occupation vs. Any Occupation

Both policies usually have 2 different definitions of disability, an “own occupation” definition which concerns your ability to perform the essential duties of your occupation and an “any occupation” definition which concerns your ability to work in an alternate occupation for which you are qualified by way or education, training or experience.

Waiting Period

Under any LTD policy, you must endure a “waiting period” or “elimination period” before benefits can be paid to you. An elimination period can be anywhere from 15 weeks to 52 weeks.

Offsets

Both policies have offset provisions, meaning other types of benefits can be used to reduce your monthly LTD benefit amounts (i.e. Canada Pension Plan Disability Benefits).

Actively Working

Both types of policies require you to have been actively working and performing all your usual, expected duties for your scheduled shifts/days/hours at the time of the onset of disability (you need to be an “active” employee).

Appropriate Treatment

Both types of policies require you to be under reasonable treatment for your condition. This means you need to be seeing your doctor/specialist as often as is typically required for your condition.

Rehabilitation Clause

Both types of policies have a rehabilitation clause, which requires you to participate or make best efforts to participate in rehabilitation arranged by your insurer (i.e. a treatment program or a return to work program).

Your Responsibilities

Both policies set out certain responsibilities for the insured person including the expectation that you will recover from your disability by participating in treatment/rehabilitation, try modified duties, obtain retraining, apply for other benefits available from other sources such as Canada Pension Plan Disability Benefits.

The Differences

Benefit amount

The benefit amount under an occupational policy is usually a higher percentage of your monthly income as it is comparable to the provincial workers’ compensation benefit amount, which in Ontario is 85% of your monthly earnings.

Definition of Disability

The criteria for the definition of total disability under own occupation differs. Under an occupational policy, you must be unable to work due to an illness or injury arising out of and in the course of your employment. Some policies may indicate that you must be unable to do any occupation within the company you work for, that you are or may be reasonably qualified for that would equal 100% of your pre-disability income.

Own Occupation vs. Any Occupation Period

The own occupation period may be longer under this type of policy and may be a stricter definition.

Coverage under the Group Policy

To be eligible for benefits under this policy, you must provide acceptable evidence that you became totally disabled due to an occupational illness while covered under the group policy, and as with under the group policy, you have to show that your disability continued past the waiting period and you are seeking appropriate treatment etc.

Taxability

There could be a difference in taxable status, for example, you may pay the premiums for your group policy, meaning your benefit is not taxable, and your employer pays the premiums for the occupational policy, making the benefit taxable.

What do I need to know when making a claim?

If you have coverage under both a group LTD policy and occupational LTD policy, it is important that you obtain a copy of both policies, so you can understand what type of benefit you are entitled to.

Here are some things to take into consideration:

If you were injured at work or developed an illness, such as anxiety or depression, you need to demonstrate when the onset of the illness/injury was and how it relates to the workplace.
You should find out if there is an incident report or any written evidence to support your claim. If there is, you should obtain a copy and keep it for your records. Your insurance company may request it from your employer or your employer may be providing it with the employer statement/plan sponsor statement, so it is important you know what information it contains.
Provide doctor’s notes or reports that speak to your symptoms and functional difficulties. Make sure you are seeking regular and appropriate treatment, so your doctor/specialist can properly document all your symptoms and your progress/regression. It is important that the medical information shows you sought treatment as soon as the illness or injury occurred.
In your application for LTD benefits, explain the events that led to you going off work in detail and how these events led you to develop your current symptoms and functional limitations. Provide as much detail as possible so that the claims adjudicator understands why and how your disability is workplace related. This is particularly important for illness claims for psychological conditions.
When you have your initial telephone interview with the claims adjudicator, ask which policy your claim is being processed under and why.
Know that you can fight the insurer’s decision to deny your benefit

How can a lawyer help me?

If your LTD claim is denied, either at the outset, or at any point in time, a lawyer can help you to fight the insurance company’s decision to deny/terminate benefits.

It is beneficial to seek the advice of a lawyer as a lawyer can:

Explain the insurance policies to you so that you understand them.
Help you to better understand why your claim was denied.
Advise you what your rights and responsibilities are as an insured person.
Explain the legal process to you.
Can start a court action against the insurance company as soon as possible.

Post-Concussion Syndrome and Disability Claims

devops@elitedigital.ca (Dev Ops) — Wed, 08 Jul 2020 14:32:18 GMT

This blog will discuss concussions, what post-concussion syndrome is, safety issues, 15 safety tips you can use all year-round and what to do if your disability claim has been denied.

What is a concussion?

Most people associate concussions with contact sports or combat, but a concussion could also occur as a result of a car accident, bicycle accident, slip and fall or an event that causes a blow t the head or violent shaking or movement of the head.

A concussion is a considered to be a mild traumatic brain injury . It is felt that most people who experience a concussion will make a recovery, but there are people who do not fully recover and are left with residual symptoms that interfere with several aspects of their lives, including the ability to manage their duties at work. Generally, symptoms of a concussion occur within the first 7-10 days.

What is post-concussion syndrome?

According to the Mayo Clinic , you do not have to lose consciousness in order to have a concussion or experience post-concussion syndrome. As well, the severity of the blow to the head doesn’t appear to be related to the development of post-concussion syndrome.

Symptoms of post-concussion syndrome can include fatigue, irritability, anxiety, insomnia, headaches, dizziness, ringing in the ears, loss of concentration and memory, blurry vision, noise and light sensitivity.

There is no one specific treatment and doctors will usually treat the specific symptoms you are experiencing.

It is felt that certain factors have been found to be more common in those who do develop post-concussion syndrome including significant life stressors, a history of depression or anxiety, post-traumatic stress disorder, or poor coping skills.

Concussions and Safety

It is important to practice safe driving and cycling and always make sure your vehicle/motorcycle/bicycle is in proper working order. It is recommended that you wear a helmet while riding your bike. If you ride a motorcycle, you should be wearing an appropriate and properly fitting motorcycle helmet and proper protective clothing.

As we can sometimes have dramatic fluctuations in weather, it is important to consider safe walking. Even in the summer months, where we can experience severe thunderstorms and flooding due to heavy downpours, it is important to consider proper footwear. Wet weather can mean wet floors and wet carpeting inside malls and stores or other commercial premises, making it dangerous. Wet weather can make using an outdoor staircase dangerous, particularly if there is poor lighting. Poor visibility can also make it difficult to notice cracked or broken curbs or sidewalks outside your house, someone else’s house, a mall, a store or public facilities.

Safety Tips

Here are some general safety tips you can consider all year round, whether you are walking, cycling, driving a car or riding a motorcycle:

Make use of apps like Google Maps: Plan your route in advance so you won’t have to rush and so you are aware of areas with heavy traffic.
Always pay attention to your surroundings: Be on the lookout for hidden driveways and cyclists or pedestrians coming out of these driveways and pedestrians walking out from parked cars/between parked cars.
Watch out for debris on roads, driveways and in parking lots.
Watch out for debris on sidewalks, stairs or on floors.
Watch out for ice, snow, and untreated areas when walking outside and for wet or slippery surfaces inside a store/mall.
Watch out for slippery, untreated surfaces when driving.
Be visible to drivers when you are a pedestrian: Wear reflective clothing at night and cross at intersections and crosswalks and put the hood down.
See and be seen when operating a bicycle: Make sure you have a reflective light/reflective clothing.
See and be seen when operating a car: Make sure your lights are turned on and you use turn signals to indicate your intentions.
Keep your distance: Don’t drive too close to a car if you are operating a motorcycle or bicycle.
Wear a helmet when riding a motorcycle or bicycle.
Be distraction free: Don’t drive or ride distracted! When you are distracted, you put yourself and other road users at risk.
Don’t be a pedextrian: When crossing at an intersection or crosswalk, pay attention and put the phone down. It is important to watch where you are walking.
Turn down the music: If you are walking and listening to music, turn down the music or turn off the music while you are crossing the road.
Don’t drive or ride while impaired: You put yourself and other road users at risk.

So why would an insurance company deny your claim?

A traumatic brain injury is considered to be an “invisible illness” and when it comes to disability claims, it is not uncommon for claims to be denied on the basis of “lack of objective medical evidence” or because it is felt you are not receiving appropriate treatment. Post-concussion syndrome results in numerous symptoms, but there is no diagnostic imaging or bloodwork to confirm it.

When a disability claim is for an “invisible illness”, it is important to show the insurance company that you have persistent, ongoing symptoms that interfere with your day to day functioning and that if there is recommended treatment, you are following the treatment. The insurance company wants to see that you are under the care of an appropriate doctor and following a course of treatment that makes sense for your condition.

What can I do about my denied claim?

You do have the option to fight your insurance company’s decision to deny your claim, regardless of whether it was a denial at the outset of the claim, or at any point during the claim.
You can appeal the decision with new medical information that has not been submitted, but this may prolong the process and you may end up being denied again and again. Usually, you have the right to appeal up to 3 times.
You have the option of starting a court action against your insurance company once your claim has been denied if you retain a lawyer. You can do this without submitting an appeal first.
You should keep a copy of all correspondence received from your insurance company (and any correspondence you may have sent) so you can provide this to your lawyer at the initial consultation so that he or she has all the details needed to start the court case.
When you retain a lawyer as soon as possible, you can fight the insurer’s decision and your lawyer is able to issue what is known as a statement of claim against the insurance company to start the court action on your behalf.

Maternal Mental Health Awareness – What are Perinatal Mood and Anxiety Disorders?

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 22:48:12 GMT

May is Maternal Mental Health Awareness Month and the first Wednesday of May has been designated as “ World Maternal Mental Health Day ”. This is noteworthy as in several countries, 1 in 5 new mothers experience a form of perinatal mood and anxiety disorders (“PMADs”). As with mental illness in general (where no one is immune, despite their circumstances), PMADs can affect women of all ages, income levels, cultures etc. Maternal Mental Health Day is important because it is meant to reduce the stigma of maternal mental illness.

What are perinatal mood and anxiety disorders?

Perinatal mood and anxiety disorders refer to mood and anxiety symptoms that occur during pregnancy or up to one-year post-partum (after pregnancy). According to UNC School of Medicine’s Center for Women’s Mood Disorders, there are many different types of PMADs including:

Depression During Pregnancy/Perinatal Depression

This refers to depression that occurs during pregnancy or within a year after delivery of the baby.

It is thought that while “mild mood changes” during pregnancy are common, mood symptoms can sometimes become severe enough to require treatment and depression and anxiety during pregnancy can worsen and continue into the postpartum period.
Factors that increase the probability of perinatal depression include if a woman has a previous history of depression or history of substance abuse, family history of mental illness, lack of support, marital or financial problems, anxiety , previous pregnancy issues.
Symptoms include feeling sad, depressed, crying, diminished interest in becoming a mother, feelings of worthlessness or guilt, feeling restless or irritable, strong anxiety or tension concerning the baby, difficulties sleeping, suicidal ideation, low energy, weight changes.

Pregnancy Loss

This refers to miscarriage, which can occur at any point in pregnancy and cause physical and emotional pain and grief. Loss of pregnancy can lead to sadness, anger, guilt and depression.

Postpartum Depression

A variety of mood symptoms can occur after the delivery takes place.

Postpartum depression is more severe than what is commonly termed, “Baby Blues” which lasts for a short period of time (i.e. 1-3 weeks post-delivery).
Postpartum depression has a longer duration of symptoms and can occur at any point after delivery.
Symptoms include increased crying, feelings of sadness, depression, intense anxiety, obsessions, loss of interest, feelings of guilt, worthlessness, fatigue, irritability, disturbed sleep, appetite changes, poor concentration, excessive worry, suicidal thoughts.

Postpartum Anxiety Disorders

These can include generalized anxiety disorder, panic disorder and obsessive compulsive disorder.

Postpartum anxiety disorders might be as common as postpartum depression and can overlap with depression.
Anxiety symptoms can include panic attacks, excessive worry, restless sleep, hyperventilation, and repeated thoughts or images of frightening things happening to the baby

Postpartum Psychosis

This is seen most often in women with mood disorders such as bipolar disorder or schizoaffective disorder.

Symptoms of psychosis include delusions, hallucinations and disorganized thinking.
Symptoms of depression and mania might also be experienced.
This is seen most often in mothers who are having a severe episode of a mood disorder, for example a severe manic episode.

Can someone with a Perinatal Mood and Anxiety Disorder apply for Long-Term Disability Benefits?

Employees make applications for long-term disability benefits for a variety of reasons. When applying for any type of disability claim, it is always important to provide supportive medical evidence.

In terms of maternal health issues, one example would be if a woman who has experienced a miscarriage was unable to return to work due to the severity of her symptoms and how they affect her daily functioning, she might decide to apply for long-term disability benefits.

In terms of long-term disability benefits and parental leaves, a long-term disability insurer will only cover the health-related portion of a maternity or parental leave. The insurance company determines which part of the leave is voluntary and which part is health-related.

What does an insurance company mean by the term, “health-related”? For a maternity leave, this refers to the period in which a woman is unable to work for health reasons specifically related to childbirth or recovery from childbirth. For example, due to post-partum depression or another type of perinatal mood and anxiety disorder. This must be substantiated with appropriate medical evidence.

What would appropriate medical evidence consist of? With any claim for a mental illness, aside from listing your symptoms, it is important to show evidence that you are seeking treatment, be it from a social worker, psychotherapist, psychologist, psychiatrist, hospital day program etc. If you are prescribed medication, the insurance company would be interested in knowing how your medication dosages have changed over time.

What if my claim is denied?

Many claims are denied because the insurance company feels that a person is not seeking appropriate treatment or medical care and a denial letter may say that your claim is denied due to “lack of objective medical evidence” and that there is no medical evidence to support your reported limitations and/or restrictions. A denial letter may also say that you are past the typical “recovery period” for your illness.

With any type of claim it is important to have your illness properly documented and to show you are attending regular doctor’s appointments and seeking reasonable and appropriate treatment. The insurance company is looking to see that you are making an effort to recover from your illness. When you seek regular medical attention, you can report your symptoms regularly and your treating physicians can document all new or worsening symptoms, how treatments are working or aren’t working and side effects of treatments. This information can be used to support your claim.

If your claim is denied, you can fight the insurance company’s decision. You should speak with a lawyer as soon as possible so that you understand what limitation period applies (so you know how long you have to start a lawsuit) and to know what your rights and obligations are as an insured person.

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Connective Tissue Diseases and Disability Claims – What You Need to Know

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 19:13:39 GMT

In previous blog posts we’ve talked about how chronic pain conditions can affect your ability to function to the extent that you are may need to stop working for a long period of time. There could be many reasons as to why you developed chronic pain (post- surgery, post-cancer treatments, illness, accident).

This blog post will discuss connective tissue diseases, what you need to know if you pursue a disability claim and what to do if your claim has been denied.

What are connective tissue diseases?

Connective tissues are made up of two proteins, collagen (a protein found in tendons, ligaments, skin, cornea, cartilage, bone and blood vessels) and elastin (a stretchy protein that is the major component of ligaments and skin). Connective tissue disease causes inflammation to collagen and elastin, harming the proteins and the body parts they connect.

There are many types of connective tissue diseases including rheumatoid arthritis, scleroderma and systemic lupus erythematosus (lupus).

What are the symptoms? How is it diagnosed?

Rheumatoid arthritis

Rheumatoid arthritis (RA) is a chronic type of arthritis, classified as an autoimmune disease, that affects the joints both sides of the body and might affect organs such as the skin, eyes, lungs, kidneys, heart, blood, or even nerves. Symptoms include joint pain and swelling, stiffness and fatigue and RA can develop gradually or may progress rapidly, and some people may experience RA for a period of time and then experience a remission.

Rheumatoid arthritis is diagnosed by monitoring symptoms like morning stiffness, swelling of 3 or more joints, swelling of the wrist/hand/finger joints, swelling of the same joints on both side of the body, changes in x-rays, nodules of the skin, positive blood test results for rheumatoid factor or specific antibodies.

Scleroderma

Scleroderma is a rare autoimmune disease where the body produces too much collagen which causes thickening and hardening of the skin. There are 2 forms of scleroderma, localized, which affects only the skin and diffuse, which affects other parts of the body including the muscles and joints, blood vessels, heart, lungs, kidneys and gastrointestinal tract and can be life threatening. Symptoms of scleroderma include thickening of the skin, swelling of the hands and feet, red spots on the skin, rigid joints, tight facial skin, ulcerations on the tips of the fingers and toes, stiff and painful joints, heartburn, difficulty swallowing and digestive issues, fatigue, weight loss and hair loss.

Scleroderma can be mistaken for rheumatoid arthritis or lupus. It is diagnosed by physical examination, where the doctor looks for the above symptoms and blood tests, pulmonary function tests, an electrocardiogram, kidney testing, gastrointestinal testing may be ordered. Elevated levels of antinuclear antibodies (immune factors) are found in most people who have scleroderma. Other tests look for the formation of scarring and internal complications.

Systemic Lupus Erythematosus

Systemic Lupus Erythematosus can affect different parts or specific parts of the body including the skin, joints and kidneys and blood where it causes anemia and other issues. It causes a feeling of overall malaise, fever, weight loss and tiredness. Symptoms include red rash over the cheeks and nose, large red circular rashes, hair loss and mouth sores, arthritis, kidney disease, anemia, blood clots and inflammation of the heat and lungs. A diagnosis of lupus is made when someone has multiple features of the disease including blood test abnormalities, findings on examination and symptoms. Like fibromyalgia, there are specific standard criteria for physicians to determine if a patient has lupus.

If I apply for disability benefits, what evidence do I need to provide?

Your insurance company has two definitions of “total disability”; own occupation and any occupation. In most policies, the own occupation period is 24 months and during this period, the test is whether you can perform the duties of your pre-disability occupation. After this period, the test is whether you can perform any occupation you are qualified for by reason of education, training or experience.

If your pre-disability job was physical in nature, your case manager may feel that you can work in a sedentary position. If your pre-disability job was sedentary, your case manager may not understand how pain prevents you from working.

It is important that you demonstrate how all aspects of your life are affected by your condition, so the case manager has a clear picture of what your limitations and restrictions are.

What are you unable to do?

Are there specific duties at work you cannot do/need help with?
Have you stopped certain daily activities?
Do you need help with everyday tasks?
Do you have difficulty focusing or concentrating due to medication or psychological symptoms?
Do you have fatigue/have low energy due to poor sleep?

Some helpful tips

See your doctor/specialist regularly so your symptoms are documented in your medical records
Report all symptoms to your doctor (head to toe)
Follow treatment recommendations (rest, physiotherapy, medications, exercise)
If medication has been prescribed, take it as prescribed and if you experience adverse side effects, report to your doctor to see if another medication can be prescribed
Attend scheduled doctor’s appointments (specialists, diagnostic imaging, blood work etc.)
If you miss a doctor’s appointment, explain why and have it documented
Advise your doctor (s) if your symptoms have changed (are they better or worse, new symptoms)
Tell your doctor how your symptoms affect your ability to perform daily tasks/work duties, so your doctor has an idea of what your limitations are and what restrictions should be

Your doctor may impose restrictions because you have cognitive/psychological impairments because of your illness. These restrictions would depend on your symptoms.

Some examples could be

Avoid lifting more than a certain weight
Avoid prolonged sitting/standing/walking
Avoid bending/crouching/crawling/kneeling
Avoid prolonged keyboarding/typing/use of mouse
Avoid tasks with strict deadlines
Avoid decision making or multitasking

What happens during my claim?

During your disability claim, the person assessing your claim (usually known as a case manager) is looking to see if you are seeing the appropriate specialists and receiving the appropriate treatment for your condition. In addition, the case manager is looking for evidence of medically supported restrictions and limitations. Your insurance company is looking to see if the medical documentation provided support the diagnosis provided.

If you haven’t received a confirmed diagnosis at the time you applied for disability benefits, it is important to provide as much information as possible, so you can show how your symptoms impact your functional abilities. Advise of any upcoming specialist appointments.

Your case manager is looking to see if you are attending the right kind (s) of treatment and are being treated by appropriate physicians. In the case of connective tissue diseases, bloodwork might show evidence of disease markers, but it does not speak to all of your symptoms.

It is important to see your treating physicians (family doctor, rheumatologist) regularly so that your symptoms can be recorded. It is important to establish how your symptoms have or haven’t improved, if they are worse or if you have new symptoms. Because testing doesn’t can’t demonstrate your symptoms, you should report your symptoms to your doctor(s) regularly to demonstrate how they impact your functioning and quality of life.

In many claims, the insurance company will write to your treating physician to ask if you can return to some form of work and are medically able to participate in a gradual return to work plan or work-hardening program. In preparing for a gradual return to work plan, the case manager may ask a rehabilitation consultant to arrange a work-hardening or work conditioning program prior to your return to work or ask you to attend a functional abilities evaluation to determine your level of function.

Your case manager may also ask the opinion of a medical consultant and ask for a file review to determine if you are receiving appropriate treatment, what your restrictions and limitations are, the impact of your diagnosis, and to ask for recommendations regarding in-person assessments or return to work plans.

Why would my insurance company deny my claim?

Benefits can be denied at various stages of a long-term disability claim, for a variety of reasons such as:

Lack of objective medical evidence
You are not under the care of a specialist or receiving appropriate treatment
You are following treatment recommendations
You did not participate in the rehabilitation program arranged by the insurance company or did not participate in the gradual return to work plan
Your restrictions and limitations are unclear

What do I do if my claim is denied?

Your claim may be denied at the outset, or you may be paid benefits for several months or longer. In either case, when you receive a denial letter, it is important to remember that you can fight the insurance company’s decision. You can consult a lawyer to find out your rights as an insured person and what your options are.

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Multiple Sclerosis and Disability Claims – What You Need to Know

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 16:13:33 GMT

Canada has one of the highest rates of multiple sclerosis (MS), with 1 in 340 people living with MS. The symptoms of multiple sclerosis can be significant and debilitating and affect a person’s ability to work and lead to a short-term or long-term disability claim. This blog post will discuss the symptoms of multiple sclerosis, the different types of multiple sclerosis and what happens during disability claims .

What is Multiple Sclerosis?

Multiple sclerosis is classified as an autoimmune disorder of the central nervous system. An autoimmune disorder is where the body “attacks” its own healthy tissues According to the Multiple Sclerosis Society of Canada , multiple sclerosis attacks “myelin” of the brain and spinal cord. Myelin is the protective covering of the nerves, and MS causes inflammation to/ damages the myelin. Our brain and spine need myelin because it is an important component for the transmission of nerve impulses to the nerve fibres (communication system between your brain and body). If enough serious damage happens to the myelin, the nerve impulses themselves can be completed disturbed and the actual nerve fibres can be damaged.

What are the symptoms of multiple sclerosis?

There are several symptoms of multiple sclerosis and symptoms depends on what part or parts of the central nervous system are affected. Signs and symptoms will depend on the amount of damage to the nervous system and which nerves have been impacted and the location of these nerves.

Symptoms include:

Numbness or weakness in one or more limbs (also called “extremities”) on one side of your body at a time, or your legs and trunk of your body
Tingling or pain in different parts of your body
Electric-shock like sensations that happen with certain neck movements
Tremors
Balance issues/dizziness
Unsteady gait/lack of coordination
Muscle stiffness/spasms
Visual disturbances such as partial or complete loss of vision and/or painful eye movements, usually one eye at a time, also known as optical neuritis and prolonged double vision
Slurred speech
Fatigue
Difficulties with bowel and bladder function
Sexual dysfunction
Cognitive difficulties/memory impairment
Depression

Types of Multiple Sclerosis

There are different types of multiple sclerosis including clinically isolated syndrome, relapsing-remitting MS, secondary-progressive MS and primary-progressive MS. As explained by the Multiple Sclerosis Society of Canada , the 4 types are:

Clinically isolated syndrome

The earliest form of MS, where a single episode of neurological symptoms is suggestive of multiple sclerosis.

Relapsing-remitting MS

This involves unpredictable but clearly defined relapses (MS attacks/exacerbations/flare-ups). During these relapses, new symptoms appear or symptoms worsen. In-between relapses, recovery can be complete or nearly complete to a level of function pre-remission.

Secondary-progressive MS

This follows the diagnosis of relapsing-remitting MS. In this case, the relapses and remissions are less apparent and there is steady disease progression, sometimes with plateaus and with increasing levels of disability.

Primary-progressive MS

This is a slow, steady progressive form of MS. There are no defined relapses, though there may be some periods of stability. Remission does not occur.

How it is diagnosed?

There are no specific tests for multiple sclerosis and doctors often try to rule out other diseases/conditions before they can confirm a diagnosis of MS. This is why it is important to discuss your complete medical history with your doctor. You would be asked to describe all your symptoms and your doctor would look for neurological abnormalities or abnormal physical responses.

Testing that you might have to participate in could include:

Bloodwork to look for other diseases that might have similar symptoms to MS;
MRI scans of the brain and spinal cord which could show if there are any lesions that could explain your symptoms and demonstrate MS;
A lumbar puncture test (a.k.a. spinal tap) where a sample of fluid is collected from the spinal canal to look for abnormalities in antibodies and to look for any signs of other infections or conditions with symptoms like MS;
Evoked potential tests where your response to stimuli is recorded. This test involves recording electrical signals produced by the nervous system using visual or electrical stimuli with electrodes.

What happens during my claim for disability?

When you apply for disability benefits, your doctor is asked to provide a primary diagnosis and to describe your subjective symptoms and their objective findings. As with any type of medical condition, the insurance company is looking for information about your level of functional impairment.

There is a “scale” used to define the level of disability for multiple sclerosis called the Expanded Disability Status Scale (EDSS) is a way for neurologists to measure the “severity” of impairment of MS and monitoring the level of disability over time. The scale looks at different “functional systems” including sensory function, brainstem function, bowel/bladder function, visual function, mental function, pyramidal function (weakness/moving limbs). The higher the score, the higher the level of disability. However, according to this site , the scale uses walking as its main measure of disability in order to be considered at a “severe level” of disability and may not give enough weight to other functional areas.

Your treating doctors’ records will be requested as the insurer will want to see your MRI reports and neurology records. Your doctor might be asked periodically to provide the EDSS score and will be asked to comment on your level of function.

It is important to see your treating physicians (family doctor, neurologist) regularly so that your symptoms can be recorded. It is important to be able to demonstrate how your symptoms have or have not improved, have worsened or if new symptoms developed. Because testing does not show your symptoms, your symptoms should be documented to show consistency and how they impact your functioning and quality of life.

In many claims, the insurance company will write to your treating physician to ask if you can return to some form of work and are medically able to participate in a gradual return to work plan.

What is the insurance company looking for?

With any medical condition, the insurance company looks for evidence that you are totally disabled from working in your own occupation during the own occupation period, and any occupation you can perform and are qualified for by way of education, training or experience when the own occupation period ends (usually a 2-year period).

If your own occupation at the time of the onset of disability was physical in nature, your insurance company may suggest that you could still work a sedentary position. If your pre-disability employment was sedentary, your insurance company may not understand why you are unable to work.

The psychological symptoms that can develop in relation to a diagnosis of multiple sclerosis or as part of the illness may not always be taken into consideration by your insurance company. It is important that you demonstrate how all aspects of your life are affected.

To demonstrate the impact of your symptoms and diagnosis, you should

See your doctor (s) on a regular basis so your symptoms are documented
Report all symptoms and concerns
Make best efforts to comply with treatment recommendations (medications, exercise, specialist referrals, testing)
Report all your progress or regression (i.e. more fatigue, medication makes you feel worse, balance issues, memory difficulties, bowel/bladder difficulties)
Be honest about how you are feeling (have you developed depression/anxiety?)
If you are prescribed medication, take it as prescribed (take it regularly)
If you are unable to attend an appointment, document or have your doctor document why
Report all limitations (what are you no longer able to do? i.e. drive, sit for long periods of time, walk without support, difficulty with vision)

It is important that your insurer to understand your limitations and restrictions

What are you unable to do?
Have you stopped driving or doing tasks that require concentration and focus?
Do you need help with everyday tasks?
Do you have difficulty with mobility due to balance/gait issues or require a walking aid?
Have you developed memory difficulties/other signs of cognitive impairment?
Do you notice symptoms of depression or other psychological symptoms?

Your doctor may impose restrictions because you have physical and or cognitive/psychological impairments because of your illness and it is necessary that these be communicated to the insurance company.

What if my claim is denied?

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How Post-Partum Depression Is Diagnosed and What Is Paternal Post-Natal Depression?

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 14:43:02 GMT

Recently it was International Men’s Day, and many people used it as an opportunity to discuss men’s mental health and mental health awareness on social media. Mental health stigma, especially surrounding men’s mental health is a serious issue as stigma in general often prevents people from seeking much needed treatment.

One topic that seems to be gaining traction is how men experience post-partum depression , known as “paternal post-natal depression”.

Post-partum depression (PPD) is more than “the baby blues” which occurs within a few days of childbirth and does not require treatment. According to the Centre for Addiction and Mental Health (CAMH), post-partum depression is a deeper depression than the baby blues and usually starts within the first month of childbirth but can symptoms can take up to a year to occur and it can develop into chronic depression. It is explained that other than the time of its onset, PPD is really no different than a depressive episode as the symptoms experienced are the same and the same criteria must be met for a diagnosis, with specific thoughts focusing on the baby/motherhood.

The symptoms of depression can be debilitating and interfere with your functional abilities, including your ability to work. A person who experiences long-term depression may require leave from work and may require long-term disability benefits if such benefits are available to them.

Symptoms of post-partum depression can include

Fatigue and sleep disturbance (common depression symptoms, but normal for new mothers and difficult to assess)
Changes in weight and appetite
Physical feelings of being “slowed down” or restless, jumpy or on edge
Inability to think clearly and diminished concentration worsened by sleep deprivation
Depressed mood or depression with anxiety
Recurrent thoughts of death or suicide
Excessive feelings of guilt or worthlessness (exacerbated if feel not bonding with the baby as feelings of extreme joy, love are expected)
Anhedonia, which is a loss of interest in things that usually bring pleasure, including the baby

According to this article found on Psych Central , new mothers or fathers suffering with post-partum depression have to meet the diagnostic criteria of a major depressive episode. The onset of depression can occur before, during or after childbirth for mothers and affect fathers as well. Post-partum depression is diagnosed when the onset of the depressive episode occurs prior to or after the birth of the child.

The criteria for a major depressive episode include the presence of 5 or more of these symptoms that have been present for at least 2 weeks

Depressed mood most of the day, nearly every day by either subject report or observations made by others (e.g. tearfulness)
Markedly diminished interest or pleasure in all/almost all activities, most of the day, nearly every day
Significant weight loss or weight gain
Insomnia or hypersomnia nearly every day
Psychomotor agitation or retardation nearly every day
Fatigue or loss of energy nearly every day
Feelings of worthlessness or excessive or inappropriate guilt nearly every day
Diminished ability to think/concentrate or indecisiveness nearly every day
Recurrent thoughts of death, recurrent suicidal ideation without a specific plan, suicide attempt or a specific plan for committing suicide

Post-partum depression in mothers is attributed to a change in hormone levels and studies are finding that a drop in testosterone levels is what triggers post-natal depression in new fathers. It is also important to note that it has been found that parents who adopt can also experience post-partum depression, meaning, you don’t have to go through childbirth itself to have this illness.

It is explained that adjusting to the major lifestyle changes affects both parents according to this article from Women’s Health and can trigger anxiety and depression in both mothers and fathers, especially in the first 5 years. Fluctuating hormone levels along with neurochemical changes that happen in your brain due to lifestyle changes (different sleep patterns, eating patterns, increased stress) increase the chances of a depressive episode occurring but environmental factors can play a role too.

For more resources and information on parental leave in Ontario and your rights as an employee, visit our resource page found here .

If you have been denied long-term disability benefits for any reason, you should speak to a lawyer to find out what your rights are.

Our firm handles long-term disability and employment law matters and we offer a free initial consultation with a licensed lawyer that can be arranged at a date and time that is convenient for you.

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What to Expect When You're Expecting Part 2 – The Checklist

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 01:06:19 GMT

So much too do and so little time. Expecting parents are, in a very real sense “on the clock”, with so many concerns to address in a finite and quickly shrinking window of time. In hopes of easing some of the pressure, this article will provide a simple checklist of things employees can do to prepare for the big day.

In this article, we discuss expecting parents’ rights to take job protected unpaid time off work before and after the birth of a child.

Find out the Due Date

This is, not surprisingly, the most important piece of information for expecting parents and employers. Though rarely exact, a due date provides a rough idea for everyone as to when maternity leave or parental leave may begin.

Know the Law

You don’t have to be an expert in employment law , you simply need to know the basics.

First, familiarize yourself the with law as it relates to taking an unpaid job protected leave of absence under Federal or Provincial law (discussed elsewhere).

Second, look into what benefits may be available to you as an expecting parent. Benefits available may include Maternity Benefits and Parental Benefits under the Employment Insurance Act, as well as any benefits available through a private or employer funded benefits plan.

If you are covered under a group health benefits plan or contribute to a pension plan, it is important to remember that while your employer is obliged to keep this plan in place, you may be required to continue your monthly contributions or premium payments during your leave if you want the employer to match them and maintain coverage or participation in the plan while you are on leave. This is why it’s important to gather information from your employer.

Obtain Copies of All Relevant Policies and Insurance Plans from your Employer

Even before advising your employer of the due date, it would be wise to ask your employer for some information:

If the employer has any written policies regarding parental leave, request a copy in advance;
If you are covered under a group benefits plan that provides for health benefits or disability benefits, obtain a copy of the plans and policies and understand your entitlements. Are you, for instance, entitled to a supplemental benefit that will top up EI Benefits during your leave? Do you have disability insurance? etc.;
Find out whether you are required to pay insurance premiums during your leave (if you contributed through deductions to your pay while working, you may be required to make payments during your leave of absence);
Ask your employer for a copy of any policies regarding accommodating pregnant employees or persons with disabilities. It would be good to know, for instance, whether the employer has a policy regarding medical visits leading up to delivery or a policy regarding accommodating parents returning to work;
Out of an abundance of caution, it would also be wise to familiarize yourself with policies regarding employees’ obligations regarding unpaid leaves of absence, just in case you find yourself disabled from returning to work on the agreed upon date.

Once you have obtained and reviewed all of the above information, you may want to discuss any concerns with your employer or a lawyer if you believe the policies are discriminatory (or if there are no policies at all).

Plan Your Leave and Provide Notice

With all of the above information you should be in a good position to provide your employer with written notice as to the start of your maternity or parental leave as required under the employer’s policies or under the Federal or Provincial law.

Remember, if you are covered by private insurance policies, it may be beneficial to push back the beginning of your maternity leave. If you otherwise find yourself disabled from working in the days leading up to the start of maternity leave, short term disability benefits may be payable from the date of disability to the agreed upon start of the maternity leave. Of course, this will all depend on the policy of insurance, which you have already asked for, above.

As the due date arrives, it you may wish to make arrangements with your employer to pay premiums to continue your health benefits.

When providing written notice to your employer as to the day your maternity or parental leave may start, it is also important that you make it clear – in writing – that you would like to be apprised of any internal job postings or opportunities and provided with an opportunity to compete for them while on leave. You should also request that you be made aware of any changes to your job and given an opportunity to participate in any work-related discussions or training provided to employees still at the work place.

Of course, it’s important that your employer has up to date contact information as well if you hope to receive any communication from your employer.

The list of matters to canvass and issues that arise prior to the birth of a child is endless, consequently, legal advice should be sought from a lawyer prior to you embarking on any search for the truth insofar as to what your rights are.

The comments in this article are not be taken as legal advice, rather, legal advice should always be sought prior to engaging in actions which have the potential to harm your employer-employee relationship notwithstanding your rights. My recommendation is that if you have a question or concern, simply send an email to Aaron Waxman at awaxman@awaxmanlaw.ca or call me at 416-661-4878 / 1844-583-4878 (or #LTD on your cell phone). One more thing, before you call you should always remember that there are no bad questions!

Complex Regional Pain Syndrome

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 00:49:54 GMT

When people apply for short-term or long-term disability benefits, it can be as a result of a physical or psychological injury or illness. Many people are unable to continue working as a result of psychological illness such as depression or as a result of a chronic pain disorder.

This blog post will look at complex regional pain syndrome (CRPS). Complex regional pain syndrome can interfere with a person’s daily activities and ability to complete the essential duties of his or her job.

It is well known that there is a strong connection between chronic pain conditions and psychological health. For example, people with chronic pain conditions may also experience symptoms of depression and depression, and anxiety and stress all affect the body’s ability to cope with pain. When this happens, the pain experience can be more intense. Intense pain can also cause a person to experience symptoms of fatigue and low energy which makes it difficult to perform their usual activities.

What is complex regional pain syndrome?

According to a fact sheet from the National Institute of Neurological Disorders and Stroke , it is a chronic pain condition that typically affects only one limb (an arm, leg, hand or foot) after an injury. It can be a progressive condition. CRPS is characterized by sustained or excessive pain and changes in skin colour, temperature and/or swelling in the affected area. Symptoms can vary in intensity and duration and in more severe cases, individuals may not achieve recovery.

What are the symptoms?

The most common symptom is prolonged severe pain that may be constant, and it has been described as burning, a pins and needles sensation, or a squeezing sensation. The pain may spread to the entire arm or leg even though the injury may have only involved a finger or toe. Other symptoms include changes in skin temperature, joint stiffness, problems with muscle movement.

What are the causes?

It is not known what the exact cause of complex regional pain syndrome is, but what seem to be common triggers include surgery or minor procedures, having a limb being in a cast, fractures, sprains, strains or soft tissue injury. While there is no specific test that can confirm CRPS, the patient’s medical history, signs and symptoms are taken into consideration. Testing also may be used to help rule out other conditions such as arthritis, Lyme disease or a vein issue. Doctors will be able to distinguish CRPS from something else because the telling feature of it complex regional pain syndrome is an injury to the affected area.

How is it diagnosed?

To diagnose complex regional pain syndrome, doctors use x-rays, MRIs or bone scans to detect mineral loss or increased circulation in the affected joints or electro-diagnostic testing to detect nerve damage or abnormal nerve activity.

As lawyers practicing in the area of long-term disability law, we recognize how chronic pain can render a person unable to work as pain can interfere with various aspects of a person’s life.

What to Expect When You’re Expecting (to Take a Leave of Absence from Work) Part 1 – Job Protected Unpaid Time off Work

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 00:49:40 GMT

Planning for the arrival of a baby can be overwhelming. From shopping for the perfect stroller and crib, to stockpiling diapers, wipes and onesies, there is a lot to think about as the big day approaches. In this article and the articles that follow, I hope to provide an overview that is not to be construed as legal advice and address work related concerns and tries to simplify the laws regarding maternity and parental leave, accessing benefits before and after you bring home baby, obtaining accommodations, and returning to work at the end of a leave of absence in the Province of Ontario.

In this article, we discuss expecting parents’ rights to take job protected unpaid time off work before and after the birth of a child.

Which Law Applies?

The laws governing employment are different depending on where you work. Of course, everything starts with what’s provided in an employment contract; if your contract says you are entitled to two years of maternity leave, that’s great! On the other hand, if your contract says you cannot have any time off after having a baby, then that contract (or that part of the contract at least) is likely unenforceable because it violates the Canada Labour Code (“CLC”), or its provincial counterparts like the Ontario Employment Standards Act (“ESA”).

There are only minor differences between the CLC and the ESA with respect to protected time off from work, but it is important to know which law applies to your situation. If you work as an employee in a federally regulated industry like banking, telecommunications, air or rail travel, then the CLC applies. If the CLC does not apply, then the Ontario ESA will apply (assuming you work in Ontario). It’s that simple.

Do you Qualify?

Expecting mothers are eligible for pregnancy leave under the CLC if they have completed six months of continuous employment before leave begins. Under the ESA, expecting mothers qualify for pregnancy leave if they have started their employment at least 13 weeks before the expected due date. Any absence that does not sever your employment – like a sick leave of vacation – does not interrupt your continuity of employment.

Pregnancy Leave

Expecting mothers – not spouses and not adoptive parents – are permitted to take up to 17 consecutive weeks of pregnancy leave, also be called maternity leave.

Under the CLC, pregnancy leave can start up to 11 weeks before the expected due date. Under the ESA, leave can start up to 17 weeks before the due date. The last day to start this leave of absence is – understandably – the day the baby is born. A pregnancy leave may be extended if the baby arrives after the expected due date.

Expecting parents are required to provide between four weeks notice (under the CLC) and two weeks notice (under the ESA) of the start date for a pregnancy leave. Failure to do so doesn’t deprive you of your right to time off, but it certainly sends the wrong message.

An employer may require a medical certificate confirming your pregnant, and the due date. The start date may be changed if sufficient notice is provided. If they do, there’s no harm in proving one. An employer cannot, however, dictate when a pregnancy leave starts, even if an employee is sick or her pregnancy limits the type of work she can do.

Parental Leave

New parents, including birth parents, adopting parents, and people in a relationship with a parent of a child with plans to treat the child as their own, have the right to take parental leave, which provides for up to 37 weeks of job protected leave (or 35 weeks if you’re a mom who has already taken pregnancy leave).

A birth mother who takes pregnancy leave is generally required to start her 35 weeks of parental leave as soon as pregnancy leave ends, though there are some exceptions. Any other eligible employee can start their 37 weeks of parental leave anytime within the 52 weeks following the arrival of a child. Just like pregnancy leave, parental leave must be taken all at once and advance notice must be provided to the employer.

Other Types of Job Protected Leave

Pregnancy and Parental leave are baseline entitlements, which means your employer must permit you time off work. An employer may also simply agree to provide more time off if requested. If time off is needed for medical reasons, an employer would be hard pressed to deny a reasonable request supported by a doctor’s note, especially where an employee is participating in an insurance plan that provides for disability benefits. If, heaven forbid, complications should arise before or after a pregnancy, the law also provides for other types of job protected unpaid leaves of absence, such as personal emergency leave or family medical leave.

Changes Ahead

As you may have heard, the federal and provincial governments are proposing changes to these laws, and to the Federal Employment Insurance program that may extend parental leave. Right now, however, these changes have not been put into place, this article only touches upon the system as it stands.

Conclusion

The law is quite fluid and this article is an overview of the law. The comments in this article are not be taken as legal advice, rather, legal advice should always be sought out prior to engaging in actions which have the potential to harm your employer-employee relationship notwithstanding your rights. My recommendation is that if you have a question or concern, simply send an email to Aaron Waxman at awaxman@awaxmanlaw.ca or call at 416-661-4878 / 1844-583-4878 (or #LTD on your cell phone). One more thing, before you call you should always remember that there are no bad questions!

Medical Evidence and Long-Term Disability Claims for Psychological Illness

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 00:22:11 GMT

Long-term disability claims may come as a result of a person being unable to work due to physical injury or illness or psychological illness. Claims for psychological illnesses include anxiety, depression, post-traumatic stress disorder and other types of mood disorders. Mood disorders include bipolar disorder and schizophrenia.

It is important during any type of long-term disability claim to remember that your insurance company is looking for medical evidence of how and why your illness or injury prevents you from working during the adjudication of your claim.

What type of medical evidence is your insurance company looking for when assessing your claim?

Clear restrictions and limitations

Your insurance company is trying to determine how and why your illness affects your functional abilities and activities of daily living. Some examples would be that your condition may cause you to experience cognitive impairment, difficulty concentrating or focusing, memory difficulties, and/or difficulty with social interactions.

Consistency

Do your medical records reflect ongoing reporting of the same or similar symptoms? This would show how your illness is constantly affecting you and your functioning.

Treatment

Do you see your family doctor on a regular basis and has your doctor prescribed medications or made a referral to a mental health professional or a program? Regular appointments show that you are trying to get the help that you need, and are actively participating in your recovery.

Compliance with treatment

If medications were prescribed, have you started to take them? If a referral was made to a mental health professional or a program, are you participating in the program or attending counselling sessions? Most policies contain a clause that says you have a responsibility to seek appropriate care and treatment and need to be under the care of an appropriate physician/specialist for your condition. If there is a long waiting list to see a specialist, you should ask your family physician if there is any help you can get while you wait to be seen by a psychiatrist or wait for a spot in a program.

As psychological illnesses are considered to be “invisible illnesses”, there are no x-rays or blood tests to provide your insurance company with. This is why it is very important that you have documentation of your symptoms and treatment, as it is how you will show your insurance company how your illness affects your functioning and ability to work.

The Top 5 Changes to Your Car Insurance Policy You Need to Know About

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 00:21:38 GMT

Being involved in a car accident is complicated enough. As of June 1, 2016, there are significant changes that come into effect when it comes to the Statutory Accident Benefits Schedule (SABS), or what you may know as “accident benefits” or “no fault benefits”. You likely already received a letter from your insurance company informing you that your options for optional benefits have changed and if you want to upgrade your policy, you needed to do so before June 1, 2016 (or before your policy renews, if it renews after that date). You can find out the details of the changes on the Financial Services Commission of Ontario (FSCO) website .

This is why it is always helpful to speak with a lawyer after you have been in a car accident as a lawyer can help you navigate the process.

The most significant changes to your benefits that you should be aware of are: (information source: FSCO’s website )

Medical and Rehabilitation Benefits & Attendant Care for Non-Catastrophic Injuries

(This is the category of injuries between “Minor Injury Guideline (MIG)” (where a maximum of $3,500 in Medical and Rehabilitation benefits are paid and no Attendant Care is available) and Catastrophic Injury”)

After June 1, 2016, under a standard policy, the amount for Medical and Rehabilitation coverage for non-catastrophic injuries has been combined with the amount for Attendant Care coverage for non-catastrophic injuries for a reduced and combined total of $65,000. Previously, the standard policy limits were $50,000 for Medical and Rehabilitation and $36,000 for Attendant Care.
If you purchase optional benefits, the combined amount is $130,000 for both categories. Previously, optional benefits provided you with $100,000 for Medical and Rehabilitation and $72,000 for Attendant Care.
There is also an optional benefit option to purchase $1,000,000 of coverage for Medical, Rehabilitation and Attendant Care for all injuries (non-catastrophic and catastrophic) which remains the same. If you previously purchased this benefit, you will continue to have it on your new policy.

Catastrophic Injuries

After June 1, 2016, under a standard policy, the benefits have been combined and reduced to $1,000,000 total. Previously, a person with catastrophic impairments had access to $1,000,000 for Medical and Rehabilitation and $1,000,000 for Attendant Care.
If you purchase optional benefits, you can purchase an additional $1,000,000 of coverage for combined Medical, Rehabilitation and Attendant Care, for a total of $2,000,000.
In addition, if you previously purchased/or choose to purchase the $1,000,000 Medical, Rehabilitation and Attendant Care benefit for all injuries, you can combine these benefits for a total of $3,000,000 coverage.

Duration of Time Benefits Are Paid

Benefits are now paid for a maximum of 5 years for adults with non-catastrophic injuries (previously 10 years), as long as a person remains medically eligible.
For children 18 and younger, benefits are paid until age 28, as long as a person remains medically eligible.

Non-Earner Benefit

The waiting period to receive a Non-Earner Benefit has now been reduced from 26 weeks to 4 weeks, however, the duration has been reduced to 2 years.
The benefit amount has also changed in that before June 1, 2016, a person receiving a Non-Earner Benefit would receive $185.00 per week for a period of up to 2 years following the accident if medically eligible, and if after the 2 years, they continued to be medically eligible, they received an increased amount of $320.00 per week.

Other Changes To Be Aware Of

Insurers are no longer able to use a minor, at-fault accident that occurs on or after June 1, 2016 (that meets certain criteria) to increase your premiums. This is limited to one minor accident every three years.
The maximum interest rate that insurers can charge if you make monthly premium payments has been lowered from 3% to 1.3% for 1 year policies and there are corresponding reductions for shorter terms.
The standard deductible for comprehensive coverage has been increased from $300 to $500.

Some Other Important Benefits You Can Purchase

Under a standard automobile insurance policy, someone who was working at the time of an accident and is medically eligible for Income Replacement Benefits is eligible at the rate of $70% of gross weekly income, up to a maximum of $400 per week. Optional benefits allow a person to increase the weekly limit to $600, $800 or $1,000 per week.
A Caregiver Benefit is only available to persons who have suffered a catastrophic injury, but optional benefits would allow you to extend this benefit to all injuries.
Housekeeping and Home Maintenance expenses are only payable for catastrophic injuries, but you can purchase optional benefits to extend the benefit to all injuries.
You can increase the minimum amount of Third Party Liability coverage you have from $200,000 to $1,000,000 or $2,000,000 or more. This is insurance coverage for claims that can occur as a result of lawsuits against you. This is important to consider, because if a person does not have enough Third Party Liability coverage, the plaintiff (injured person) in a lawsuit can pursue the person at fault’s assets/wages.
You can reduce the tort deductible (amount deducted from a settlement/court award for pain and suffering) by $10,000 regardless of the annual indexation percentage increases. Currently the tort deductible is $36,905.40.

According to a poll conducted on behalf of the Insurance Brokers Association of Ontario , 42% of Ontarians are aware of the upcoming automobile insurance changes.

As an Ontario driver, it is important to know what your options are when it comes to your insurance policy. As a pedestrian, passenger or cyclist, it is also important to be aware of these changes.

Being involved in a car accident is stressful and one can sustain serious injuries. It is important to contact a lawyer as soon as possible so you can be advised of your rights and obligations as an insured/injured person. The lawyers at Aaron Waxman and Associates have helped many clients who have been injured as a result of car accidents.

Aaron Waxman and Associates is a Sponsor of The Unity Run

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 00:21:31 GMT

Aaron Waxman and Associates is a platinum sponsor of The Unity Run, which is an event that is dedicated to raising awareness of mental health, post-traumatic stress disorder, suicide prevention and removing the associated stigmas for First Responders.

The Unity Run is dedicated to raising awareness in the area of mental health, PTSD, suicide prevention & removing the associated stigmas for First Responders. The Unity Run helps organizations such as Camp F.A.C.E.S, Homewood Research Institute and Suicide Prevention Council of Hamilton.

The Unity Run takes place on Saturday, May 14, 2016 at Confederation Park Pavillion in Hamilton, Ontario. Walkers or runners can walk 6.93km or 10.4km and there is a new 911 meter dash for kids who want to participate! All races start at 9am.

For more information on this great cause, visit www.unityrun.org .

Recently, Canada celebrated the 65th annual Mental Health Week. Spreading awareness about mental illnesses and mental health is important. It is important to bring awareness to the fore as stigma can be a barrier to seeking treatment.

The reality in Canada is that 1 in every 5 people will be diagnosed with a mental illness in his or her lifetime. Mental illness affects us all in some way, whether it is a family, friend or co-worker.

Our firm handles many types of disability claims. A person may apply make a claim for long-term disability benefits as a result of a physical injury or illness or a mental illness. We understand how difficult receiving a denial letter from an insurance company can be. We have helped many clients whose long-term disability or short-term disability claims have been denied.

Aaron Waxman and Associates shows support for the Tema Conter Memorial Trust – Part 1

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 00:21:28 GMT

Tema Conter Memorial Trust (TEMA), is a Canada wide organization that provides peer support, family assistance and training for public safety and military personnel dealing with operational stress and PTSD. The mission of TEMA is to help those who spend their lives helping us (firefighters, paramedics, police officers, military), who witness tragic events, human suffering and are more susceptible to developing PTSD or operational stress injuries.

Aaron Waxman , founder of Aaron Waxman and Associates will be speaking at the Common Threads Symposium on February 26, 2015 about post-traumatic stress disorder (PTSD) and long-term disability claims. Mr. Waxman will be speaking about the claims process, understanding the terms of long-term disability policies, the interplay between short-term disability benefits (STD) and long-term disability benefits (STD) and WSIB benefits and the benefits of hiring a lawyer for denied claims.

The symposium is followed by the 15th Annual Heroes Tribute Gala on February 27, 2016, and lawyers from Aaron Waxman and Associates will be in attendance.

First responders who are injured in the course of their employment are often entitled to make a claim for WSIB, but many first responders may have access to short-term and long-term disability benefits. The question is, whether or not an application should be made for short-term and long-term disability benefits if you have already applied for WSIB benefits.

You can submit an application for these types of benefits even if you applied for WSIB; and, if you are receiving WSIB benefits, it is very important to notify your STD insurer/LTD insurer of any and all benefits you receive from WSIB.

Why? Under a short-term disability or long-term disability policy, the insurer is entitled to deduct the money you receive from WSIB from your weekly (if STD), or monthly (if LTD) benefit amount, as it is considered an offset (another source of income that you are receiving/entitled to that your insurer can use to reduce benefits payable under the STD/LTD plan). You should always review your policy to check to see what offsets your insurer is entitled to.

A reason why you would want to apply for both types of benefits, even if WSIB is paying your claim is that WSIB could reduce and/or terminate your disability benefit before you are ready to return to work. If you applied for STD/LTD benefits and your claim was not denied, you should advise that insurance company about WSIB’s decision as you may be entitled to ongoing monthly payments from your insurer and this decision can affect your benefit amount. It is important to remember that you must apply for STD and LTD benefits in accordance with the timelines set out in your policy, or the insurance company could deny your claim on the basis of it being submitted late.

A New Year and More New Driving Rules

devops@elitedigital.ca (Dev Ops) — Tue, 07 Jul 2020 00:21:25 GMT

Further to the Making Ontario’s Roads Safer Act , there are certain regulations that came into effect as of January 1, 2016. These rules apply to pedestrian crossovers and school crossings. These rules do not apply at all intersections.

Starting January 1, 2016, all drivers (including cyclists), must stop and yield the whole roadway to pedestrians at pedestrian crossovers and also at school crossings where there is a crossing guard displaying a school crossing stop sign. Only when pedestrians and school crossing guards are safely on the sidewalk, can drivers and cyclists proceed.

The rules apply at pedestrian crossovers that are identified with specific signs, road markings and lights. It is important to note that these new rules do not apply to pedestrian crosswalks at intersections with stop signs or traffic signals, unless a school crossing guard is present.

The Ministry of Transportation clarifies the different types of crosswalks/intersections as follows

Pedestrian crossovers are identified by specific signs, pavement markings and lights, i.e. they have illuminated overhead lights and warning signs as well as pedestrian push buttons;
A crosswalk is a crossing location usually seen at an intersection with traffic signals, pedestrian signals or a stop sign and a cross walk can be the portion of a roadway that connects sidewalks on opposite sides of the roadway into a continuous path or the portion of the roadway that is indicated for pedestrian crossing by clear markings on the surface of the roadway at any location, including an intersection
A school crossing is any pedestrian crossing where a school crossing guard is actually present and is displaying a school crossing stop sign.

The Making Ontario’s Roads Safer Act also provides municipal road authorities with the ability to install new types of pedestrian crossovers on low speed, low volume roads in addition to the existing crossovers.

Drivers, cyclists and pedestrians must share the road and it is up to all of them to play a role in road safety.

Under the new rules, drivers will be fined between $150-$300 and 3 demerit points for offences at pedestrian crossings, school crossings and at crosswalks where there are traffic signals. The maximum fine for running a red light is between $200-$1000. This is because running a red light puts pedestrians at risk. In Community Safety Zones, near schools and public areas fines are doubled.

Here are some tips to keep safe as a pedestrian and a driver

Pedestrians

Pedestrians should only cross at marked crosswalks or traffic lights;
Pedestrians should only cross when traffic has come to a complete stop and at the start of a green light;
Pedestrians should not cross once the light turns yellow, once the “don’t walk” signal starts flashing
Pedestrians should never cross in the middle of the block, at a red light or between parked cars;
Make eye contact with drivers if possible before you step onto the road;
Be seen by drivers- especially on dark winter days (at dawn and dusk), by wearing bright/light coloured clothing or reflective clothing;
Be ware of cars turning into and out of driveways.

Drivers

Be on the lookout for pedestrians as you drive – always look for pedestrians, especially when turning;
Be on the lookout for children and drive cautiously through residential and school zones;
Drivers should look out for Community Safety Zone signs, as these signs indicate there is an area that is a special risk to pedestrians;
Have patience with pedestrians- especially those who require more time to cross the road.

If you or someone you know have been injured as the result of a car accident , whether you were a pedestrian, cyclist or driver, you should contact an experienced personal injury lawyer as soon as possible to find out your rights and what types of compensation you may be entitled to.

Back to School event - HIGHLIGHTS

devops@elitedigital.ca (Dev Ops) — Sat, 20 Jun 2020 22:28:54 GMT

At Aaron Waxman & Associates , we believe giving back to the community is important.

On August 26, 2015, Aaron Waxman & Associates, Newstalk 1010 and Staples Canada handed out 1,000 backpacks to kids in need.

Parents and students were lined up hours before the event started, eager to receive their backpacks and get the school supplies they need to start the school year.

Radio personalities from Newstalk1010 such as Jerry Agar, John Moore, Mike Bullard, Jim Richards and Ryan Doyle and some of our lawyers from Aaron Waxman & Associates, Aaron Waxman, Leanne Goldsten, Seth Kadish and Nigel D’Souza helped students to fill up backpacks with school supplies provided by Staples Canada throughout the day.

Kids were provided with an empty backpack and were able to go to various tables set up with different types of school supplies like pens, pencils, eraser, coloured pencils, highlighters, notebooks, folders, paper, binders, pencil cases, glue sticks, and choose the supplies they need to get them on the right track.

Aaron Waxman & Associates was a proud sponsor of the event, and Mr. Waxman had this to say: “It was an honour to be involved. Seeing the smiles on both the kids and their parents’ faces was very rewarding”.

Visit our YouTube channel to see highlights of the event!

Helping you get back to school with Aaron Waxman & Associates & Newstalk 1010!

devops@elitedigital.ca (Dev Ops) — Sat, 20 Jun 2020 22:22:42 GMT

September is around the corner….School will starting up again, and kids will be returning to class, eager to learn. Unfortunately, the reality is that not every child is provided with the same tools to succeed.

Newstalk 1010 and Aaron Waxman & Associates want to make sure that all students have the same opportunity to do well in school by helping children and families in need, and who are unable to afford or buy school supplies for their children.

So, what are we doing to help?

On August 26, 2015, Newstalk 1010 and Aaron Waxman & Associates are teaming up to help level the playing field.

Starting at 10:00am, at 277 Queen Street West, in downtown Toronto, we will be handing out 1000 backpacks filled with school supplies from Staples!

We’re helping kids in need be prepared to succeed.

Radio personalities, Jerry Agar, John Moore and Mike Bullard and founder of Aaron Waxman & Associates, Aaron Waxman will be handing out backpacks all day!

For more information, visit the event page at Newstalk 1010’s website, found here .

Aaron Waxman & Associates, a firm who helps those in the community fight for your rights when your disability insurer denies your disability claim.

Aaron Waxman & Associates receives Corporate Recognition Award at 14th annual Heroes Tribute Gala

devops@elitedigital.ca (Dev Ops) — Fri, 19 Jun 2020 21:53:38 GMT

On February 28, 2015, the lawyers at Aaron Waxman & Associates attended the “Behind The Mask”- 14th annual Heroes Tribute Gala put on by the Tema Conter Memorial Trust.

The Tema Conter Memorial Trust , through research, education, training, peer and psychological support aims to help Canada’s front line/first line responders (correctional, emergency and military services) who experience post-traumatic stress disorder (PTSD) as a result of witnessing tragic and frightening events during the course of their employment.

The firm was the title sponsor of the event. The Heroes Tribute Gala recognizes the contributions that first line responses make to society and the impact that PTSD can/does have on them. Mr. Waxman received a corporate recognition award for the firm’s sponsorship of the organization.

It is well documented that first line responders experience higher rates of PTSD compared to other professions.

How does PTSD develop? According to the Canadian Mental Health Association , post-traumatic stress disorder is classified as a mental illness and “involves exposure to trauma involving death or the threat of death, serious injury, or sexual violence”. A frightening, traumatic event becomes overwhelming and causes a person to become distressed.

The CMHA lists traumatic events as:

Crimes
Natural disasters
Accidents
War or conflict
Other threats to life

The traumatic event could be something that you experience or something that happens to others/loved ones.

A person who experiences post-traumatic stress order may experience symptoms such as:

Nightmares
Flashbacks (thoughts of the event that may come out of nowhere)
Avoidance behaviours (avoiding places/actions that remind him/her of the event)
Feeling nervous/on edge
Easily startled
Difficulty concentrating
Irritability
Difficulty sleeping
Feeling numb/detaching
Feeling disconnected
Changes in moods and thoughts

According to the Canadian Mental Health Association , not all traumatic experiences lead to post-traumatic stress disorder, and it isn’t clear why trauma causes PTSD in some people and not others, but different factors may provide some explanation including the length of time the trauma lasted, how many traumatic experiences a person has experienced, their reactions and support received.

It is also important to consider, as with any mental illness, the effect that stigma has. Stigma prevents people from seeking help and treatment. The Tema Conter Memorial Trust brings PTSD awareness to the fore and lets us know that “Heroes Are Human”.

Why should I hire a lawyer if my disability benefits have been denied?

devops@elitedigital.ca (Dev Ops) — Fri, 19 Jun 2020 21:35:35 GMT

Insurance policies contain complicated language. When your disability benefits (short-term or long-term) have been denied, you may feel frustrated and unsure how to proceed. Your insurance company provides an option to appeal their decision, but is there another option? The answer is yes .

Hire an experienced disability lawyer to represent you.

A lawyer will review your file and explain to you the terms of your policy and what the insurer’s denial letter means;
A lawyer can explain the legal process to you and provide an overview of your rights and obligations;
When you hire a lawyer, you can make the decision to have your lawyer start a court action against your insurance company right away. This gets your case into the court system quickly;
The lawyers at Aaron Waxman & Associates take no upfront payments. Our retainer is a contingency fee retainer. We don’t get paid until you get paid.

It is important to know what your rights and obligations are in a disability claim. Why?

You have to attend regular doctors appointments and treatment even if your claim as been denied;
You should report your symptoms and any symptom changes to your doctors;
You should advise your lawyer of any new specialists or diagnoses;
You should comply with treatment recommendations from your doctors and treatment providers;
Your insurance company may want you to attend an in-person assessment with one of their doctors.

Chronic Fatigue Syndrome and LTD claims

devops@elitedigital.ca (Dev Ops) — Wed, 17 Jun 2020 01:16:48 GMT

A claim for long-term disability benefits may arise from an injury or illness and the illness can be a psychological or physical illness, or a combination of both.

Chronic Fatigue Syndrome (CFS) is an illness that may render a person unable to work.

CFS is a complex disorder that is characterized by extreme fatigue unexplained by any underlying medical condition. The fatigue associated with CFS can worsen with physical activity and may not be diminished or improve with rest.

No single test can diagnose or prove that a person has Chronic Fatigue Syndrome.

According to the Fibromyalgia-Chronic Fatigue Syndrome (FM-CFS) Canada Compassion in Action website, CFS is also known as Myalgic Encephalomyelitis and is a complex and serious illness that affects many body systems. Due to persistent fatigue, CFS causes a reduction of previous levels of activity. According to the FM-CFS site, in order for a diagnosis of Chronic Fatigue Syndrome to be made, a person has to meet specific criteria.

Medically observed, persistent or relapsing chronic fatigue that is not the result of ongoing exertion that is not alleviated by rest resulting in substantial reduction of previous levels of occupational, educational, social or personal activities and;
Meet 4 or more of the key symptoms associated with CFS, which are impairment in short-term memory or concentration, sore throat, extreme joint and muscle pain without swelling or redness, headaches of a new type, pattern or severity, unrefreshing sleep, painful lymph nodes, post-exertional malaise lasting more than 24 hours.

CFS involves symptoms that last more than 6 months. CFS could develop as a result of acute infections, respiratory or gastrointestinal infections or emotional or physical traumas. It could also be caused by immune dysfunction, nutritional deficiency or low blood pressure.

As a result of ongoing fatigue and other symptoms associated with CFS, a person may experience difficulties with the essential tasks of his or her occupation and require a prolonged absence from work, resulting in a long-term disability claim.

If you or someone you know has made a claim for long term disability benefits that has been denied or have questions or about your long term disability claim, do not hesitate to call the lawyers at Aaron Waxman and Associates. It is important to seek legal advice if your benefits have been denied or terminated.

OHRC policy provides guidelines for mental health disabilities and addictions

devops@elitedigital.ca (Dev Ops) — Wed, 17 Jun 2020 01:07:53 GMT

The Ontario Human Rights Commission (OHRC) has released a new policy concerning disabilities related to mental health and addictions.

The policy, which is known as, Policy on Preventing Discrimination Based On Mental Health Discrimination and Disabilities was approved by the OHRC in January, but was officially released on June 18, 2014.

The OHRC has found that people with mental health disabilities and addiction have faced “considerable and longstanding discrimination, stigmatization and social exclusion”, both in Canada and worldwide.

According to a press release issued by the OHRC, the purpose of the policy is to provide user-friendly guidance on how to assess, handle and resolve human-rights complaints concerning disabilities relating to mental health and addictions. The policy is meant to be proactive and to help avoid human rights complaints.

This policy is significant because it speaks to the seriousness of mental health and addictions disabilities.

Long-term disability claims can arise from physical and psychological illnesses, including disabilities relating to mental health and addictions. With long-term disability claims for mental-health and addictions, it is important that the insured person is under continuous care of an appropriate specialist and receiving appropriate treatment – including attending a recognized rehabilitation centre.

If you have applied for long-term disability benefits, and your application has been denied, or if your benefits have been terminated, for any reason, you need to contact an experienced lawyer as soon as possible. A lawyer can explain the insurance terms to you that you may not understand, and provide you with the information you need, advocate for your right to receive benefits and negotiate the best possible settlement.

CPP disability benefits must be repaid

devops@elitedigital.ca (Dev Ops) — Tue, 16 Jun 2020 23:33:49 GMT

Canada Pension Plan Disability Benefits (CPP Disability Benefits) are deductible as collateral benefits from Income Replacement Benefits (IRBs) for motor vehicle accidents that occur on or after January 2, 2002.

In a previous blog post, we discussed the Arbitration decision in Pries and Economical, a September 2012 decision that stated that Economical was not entitled to repayment of income replacement benefits (IRBs) it had paid to Pries during the period he was entitled to CPP Disability Benefits (November 2008 to May 2010).

At Arbitration, Arbitrator Wilson determined that Economical was barred from recovering any of the lump sum funds received by Pries from CPP because it did not request repayment within 12 months of the first payment of IRBs.

Economical appealed this decision, arguing that they were entitled to recover the overpayment amount and that Arbitrator Wilson erred by not following the case law on the issue, Trottier v. Royal & Sun Alliance.

The Appeal in this matter was recently heard and the decision of Director’s Delegate Evans has now been released. Director’s Delegate Evans overturned Arbitrator Wilson’s decision, finding that Economical was entitled to recover payment for 12 months of IRBS paid. In the view of Director’s Delegate Evans, Economical gave notice “within 12 months after the payment was made” and therefore was entitled to recover 12 months of the 16 months of overpayment.

Economical took issue with the term “payment” in S.47 (3) of the Statutory Accident Benefits Schedule, and with the phrase, “within the 12 months after the payment was made”. They argued that they should be able to recover the full amount of the overpayment.

At Aaron Waxman and Associates, we handle long-term disabilty claims and CPP Disability Claims. If your CPP Disability Benefits have been denied, or your Long Term Disability Benefits have been denied, contact our office for a free, no obligation consultation.

What you need to know about CPP disability benefits

devops@elitedigital.ca (Dev Ops) — Sun, 14 Jun 2020 21:37:24 GMT

You might be wondering what this process involves and what to do if your CPP application is initially denied.

Our firm has assisted clients with their CPP Disability Applications and with successfully appealing decisions of the CPP Review Tribunal.

The Application Process

We will help you right from the beginning, starting with the application. You can find the application online on the Service Canada website. There is an application form, consent forms, a questionnaire form for you and one for your doctor to fill out. When submitting an application, it is very important to make sure that the information provided is accurate and the correct documents are enclosed. Supporting documents must speak to your level of disability and inability to work. Records and medical reports from your family doctor, treatment providers, psychologists, psychiatrists, x-rays, and other diagnostic imaging are examples of documents that can be submitted.

CPP Disability Rules

According to the Service Canada website, to qualify for CPP Disability Benefits, you must be under 65 years old and meet the following 2 rules:

1. You must have sufficient earnings and contributions:

You must have paid into the CPP for at least 4 of the last 6 years, or
You must have made valid CPP contributions for at least 25 years including 3 of the last 6 years, or
You must have paid into CPP in each year since any previous CPP Disability benefit was cancelled

If you meet the first rule, CPP can then review your medical information to see if you meet rule number 2.

2. You must have a disability that is both severe and prolonged. Severe means you have a mental or physical disability that regularly stops you from doing any type of work (full time, part time or seasonal), not just the work you usually do. Prolonged means that your disability is most likely to be long term and of indefinite duration or is likely to result in death.

What happens after I submit my Application?

If you are eligible to receive benefits, you will receive a letter confirming same. If your application to receive benefits is denied, you are able to submit an appeal, a request for reconsideration.

If you disagree with the decision, you have to request an appeal in writing within 90 days of receiving the decision letter.

What happens if my Application is denied? Can I Appeal the decision?

IF CPP has sent you a decision stating you are not eligible for benefits as you do not meet the criteria for Rule 1 or Rule 2, you can submit an appeal. If you have legal representation, you can authorize your lawyer to do so on your behalf.

If you disagree with the decision, you have to request an appeal in writing within 90 days of receiving the decision letter.

In your request, you have to include the following items

Your name, current address, telephone number, social insurance number;
An explanation of why you are asking CPP to reconsider its decision;
Any new medical information that could affect the decision; and
Your signature and the date

The average time it takes for CPP to reconsider its decision is 3 months. Sometimes it can take longer as additional information may be requested.

If you do not reach the desired result after appealing this decision, you can appeal again to the Office of the Commissioner of Review Tribunals (OCRT) , within 90 days of receiving the decision from Service Canada. You will then be contacted by the Tribunal staff and a hearing will be arranged before a 3 member Review Tribunal (these parties are not members of Service Canada). As above, send any new medical information to the OCRT in advance of the hearing.

If you are unhappy with the decision of the Review Tribunal, you can request permission to appeal to the next level, being the Pension Appeals Board , within 90 days of receiving the decision from the OCRT. You have to receive permission from the PAB before you are able to have your case heard. This is the highest level you can appeal to. You can however submit the decision to for a judicial review , within 30 days of receiving the decision to have the court review if the decision process was conducted in a fair manner.

If you are in the process of applying for CPP Disability Benefits, if your LTD insurer has asked you to apply for these benefits, or you need help during this process, please contact our firm and we can guide you through this process.

Spreading knowledge about Lyme Disease in Ontario

devops@elitedigital.ca (Dev Ops) — Sun, 14 Jun 2020 20:57:40 GMT

At Aaron Waxman & Associates, we believe it is important to be informed. We are happy to appear as guest speakers at events or community meetings to explain how the legal process works, or how insurance claims work.

Yesterday, November 26, 2011, Aaron Waxman spoke at the Fall 2011 meeting at the Lyme Disease Toronto organization, which is an organization set up to assist people who have developed lyme disease, to provide them with resources, support an information.

Aaron spoke to the attendees about potential issues that people with a chronic illness may have with their insurance companies such as difficulties with paying for medication, short and long term disability payments and medical procedures. Aaron also talked about how our firm can assist with the process for obtaining CPP disability benefits.

Lyme Disease is a serious bacterial infection spread through bites from ticks.

Untreated Lyme Disease can spread to the brain, heart and joints.

Defining partial disability and total disability in LTD claims

devops@elitedigital.ca (Dev Ops) — Sun, 14 Jun 2020 19:39:06 GMT

The law firm of Aaron Waxman & Associates specializes in long-term disability claims and helping clients whose claims have been denied by their insurance companies.

Your insurance contract should contain a definitions section which contains all the relevant definitions for your policy. Two important definitions you should consider are that of partial disability and total disability.

Total Disability

A total disability means that a reasonable man would recognize that he should not engage in certain activity even though he literally is not physically unable to do so. It is a total disability if the insured person’s injuries are such that common care and prudence require him to desist from his business or occupation and in order to effectuate a cure or prolongation of life, common care and prudence will require that he cease work.

Partial Disability

A partial disability is the inability of the insured to perform the regular daily duties of his occupation at least one-half of the time usually required in that occupation or the inability to perform one or more of the important regular duties of his occupation.

The interplay between CPP disability benefits and LTD contracts

devops@elitedigital.ca (Dev Ops) — Sun, 14 Jun 2020 18:57:54 GMT

People who receive long-term disability benefits should be aware that LTD providers often require, as part of the LTD contract, an application for CPP Disability Benefits to be made. This is dealt with under the “Offset” or “Coordination of Benefits” section of most group LTD Policies.

The purpose of these provisions is to determine if the LTD provider can reduce or eliminate the amount the LTD plan has to pay out. The reason insurers do this is to avoid something called “double recovery” – they do not want an insured person receiving double the amount of benefits for the same disability and to keep the costs of such plans to a minimum for insurers and their policy holders.

CPP Disability Benefits are a federal benefit that are available to employees who have contributed regularly to the Canada Pension Plan. CPP Disability Benefits are payable to the insured person if he or she has contributed to CPP for a minimum of 4 out of 6 years prior to suffering a disability. A minimum qualifying period has to be met, which translates into a date the the employee must prove disability by in order to be able to qualify. Your CPP Disability Benefit is determined by the amount of contributions an employee made during his or her working life.

If a person is receiving LTD benefits is approved for CPP Disability Benefits, his or her LTD monthly benefit would be recalculated to reflect the amount received from CPP. The CPP monthly benefit is the lesser amount received and is then deducted from the LTD benefit, and then the LTD provider will issue monthly payments to reflect the difference payable.

How long do I have to apply for accident benefits?

devops@elitedigital.ca (Dev Ops) — Sun, 14 Jun 2020 18:44:55 GMT

The regulations that govern accident benefits (SABS) require a person who has been injured in a car accident to notify their insurance company about the accident within seven days of the accident, or as soon as practicable thereafter. What happens if you notify the insurer after more than seven days have passed? This question was recently considered by a FSCO arbitrator in the case of S.R. vs. State Farm Mutual Automobile Insurance Company. In that case Mrs. R was injured in a car accident on July 17, 2005. She did not notify her insurance company of her claim until December 17, 2007.

Immediately following the accident, Mrs. R. saw her doctor for pain in her back. She took some painkillers and received some treatment from a chiropractor over the next two years. In November 2007 following a severe episode of back pain, she went back to her family doctor who referred her to physiotherapy. The physiotherapist submitted a treatment plan to State Farm to request coverage for the physiotherapy. This treatment plan was the first notice that State Farm had of the claim.

State Farm argued that Mrs. R was out of time and that she should not be paid for income replacement, housekeeping or medical benefits. Mrs. R. argued that she had a reasonable explanation for the delay. Her explanation for the delay was the following:

…she developed mental health impairments of depression and anxiety as a direct result of caring for her husband who sustained a brain injury and a personality change in December 2001 in a motor vehicle accident. While she retained counsel, she instructed him to take no steps in the matter. It was only after her husband’s tort and accident benefits claims were settled that she could focus on herself, obtain medical treatment and avail herself of accident benefits.

On the question of whether Mrs. R gave notice “as soon as practicable”, the arbitrator found that she had not. She could have easily asked her lawyer to write to State Farm and put them on notice of the claim. However, the analysis does not end there. The arbitrator then went on to consider whether Mrs. R. had a reasonable explanation for the delay. In this analysis, the arbitrator carefully reviewed the circumstances that caused the delay, all of which pertained to Mrs. R’s husbands traumatic brain injury and the stress and depression that this injury caused Mrs. R to suffer.

After reviewing the documentary evidence and testimony of Mrs. R., the arbitrator concluded that her explanation was credible and reasonable up until July 2007, at which time her husband received the settlement money from his car accident. The arbitrator found that the subsequent delay from July to November was also reasonable in light of the upheaval that Mrs. R. had suffered in her life, following her husband’s accident.

Ultimately, the arbitrator decided that Mrs. B. was allowed to proceed with her claim for accident benefits.

Car accident victims can take two important lessons from this case. First of all, it is important to notify your insurance company of your intention to claim accident benefits as soon as possible after the car accident.

At the same time, if circumstances have not allowed you to put the insurance company on notice of the claim “as soon as possible” after the accident this does not necessarily mean that you are not entitled to apply for accident benefits. In this case, the arbitrator allowed the claim to proceed where notice was given two and a half years after the accident.

Does a slip and fall equal a car accident?

devops@elitedigital.ca (Dev Ops) — Sun, 14 Jun 2020 18:44:47 GMT

In order to qualify for accident benefits one must be able to establish that their injury occurred in the course of the use or operation of an automobile. According to the Statutory Accident Benefits Schedule (SABS), an “accident” means “an incident in which the use or operation of an automobile directly causes an impairment or directly causes damage to any prescription eyewear, denture, hearing aid, prosthesis or other medical or dental device".

This definition has been the subject of much debate, particularly with respect to what constitutes the “use or operation of an automobile”. The interpretation and application of this definition is significant in that in certain situations this will determine whether an injured person is able to receive accident benefits, which may include housekeeping, caregiving, attendant care, income replacement and medical-rehabilitation.

In the recent case of Webb v. Wawanesa this issue was considered at a FSCO arbitration hearing. In this case, Ms. Webb stated that she exited her car on the driver’s side, locked the door and walked around the car to the front. She stated that she has a compact car and it took her, a few seconds, two or three steps to get to the access point. When she put her foot onto the access point, she slipped on ice and fell backwards. As a result of this fall, Ms. Webb broke four bones in her right foot.

Ms. Webb argued that the process of getting out of her car falls within the ambit of the ordinary use or operation of a motor vehicle. She argued that that disembarkation is complete when one has reached a point of safety, and that she had not reached a point of safety, i.e. the sidewalk, when she fell.

In her decision, the arbitrator emphasized the fact that getting out of a car is a normal activity required by the use or operation of that car. On the facts of this case, the arbitrator found that Ms. Webb was still in the course of disembarking from her car when she fell on the roadway. She found that Ms. Webb had not safely and completely disembarked from her vehicle when she fell. Accordingly, the arbitrator ruled that Ms. Webb was injured as a result of a motor vehicle accident pursuant to subsection 2(1) of the SABS, and therefore she is eligible to receive accident benefits as set out in the SABS.

This case is an important one for anyone who has suffered an injury in the course of getting out of a car, getting off a bus or disembarking from any other type of automobile. If the injury was sustained in these circumstances, and there was no intervening cause between getting out of the vehicle and the injury, the injured party will be eligible to receive accident benefits. This can provide a huge benefit to the injured party, because accident benefits are “no-fault” benefits. This means that the injured person will be able to access insurance money through the accident benefits even if they are unable to prove that the injury was caused by someone else’s negligence.

Car accidents and tort claims

devops@elitedigital.ca (Dev Ops) — Sun, 14 Jun 2020 18:44:44 GMT

What are the threshold and statutory deductible?

When you are involved in a motor vehicle accident in Ontario and you are not at fault for this accident, you may be able to sue the party who is at fault for the accident. This type of lawsuit, known as a tort claim or third party claim, addresses damages for your pain and suffering, loss of activities of daily living, loss of income, loss of earning capacity, loss of competitive advantage and out of pocket expenses that are not covered by the first party insurer (i.e. your accident benefits insurer). However, just because you are not at fault for the accident does not automatically entitle you to recover damages for your pain and suffering. In order to be successful with a claim against the at fault party, your injuries must meet what is called the threshold test and surpass statutory deductible. Pursuant to s.267.5(5) of the Insurance Act, a Plaintiff must be able to prove that they suffer from a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function. In order to meet this test, it is not enough for a Plaintiff to say they have pain or other impairment. There must be evidence to support the impairment. The issue of whether or not a Plaintiff meets the threshold test is formally decided by a judge if the matter goes to trial, but is also a factor in settlement discussions with the insurance company of the at fault party.

Aside from the threshold test, there is also the statutory deductible of $30,000.00 on claims for pain and suffering that do not exceed $100,000.00. What this means is that your injuries must be worth at least $30,001.00 as awarded by the courts for the type of injuries you suffer from in order to receive money for your pain and suffering from the Defendant’s insurance company. The goal of the deductible is to try to reduce the number of cases and ease the strain on our court system.

In light of the above, it is important that before commencing a lawsuit against the at fault party in a motor vehicle accident, that you ensure there will be evidence to support your claim and that your injuries will surpass the statutory deductible.

What do "Own Occupation" and "Any Occupation" mean?

devops@elitedigital.ca (Dev Ops) — Thu, 11 Jun 2020 16:12:42 GMT

Answer...

In a long-term disability claim, you are assessed as to whether or not you can perform the essential duties of a) your own occupation and b) any occupation. In most policies, the own occupation period lasts for 2 years, but it can be less or more, depending on the policy.

Own occupation refers to your pre-disability occupation; the job you held at the time your disability occurred.

Any occupation refers to is any occupation for which you are reasonably qualified, or could become qualified for by reason of education, training or experience.

Own Occupation Test

This test applies to the first 24 months of disability (or the period set out in your policy). Total disability during this period of time means that you are unable to work at your own occupation and perform the essential duties of your job.

Any Occupation Test

Total disability refers to the inability to work at any occupation. After the 24 month period, your continued eligibility for long-term disability benefits will be based on whether you are unable to perform the essential duties of any occupation for which you are reasonably qualified, or could become qualified for, by reason of education, training or experience.

It is important to read your own policy to find out what tests are applicable and when they apply.

What are your rights if you have been injured in a car accident?

devops@elitedigital.ca (Dev Ops) — Wed, 10 Jun 2020 19:03:47 GMT

There are generally two ways to seek compensation.

You may be eligible to claim certain benefits from an insurance company or the Motor Vehicle Accident Claims Fund. These are sometimes called “no-fault accident benefits” and they are usually available no matter who is at fault for the accident.
If another person is at fault for the accident, you may be entitled to claim an award of damages.

The following is an overview of damages available

Non-Pecuniary General Damages (damages for “pain and suffering”)

You should be aware that if your claim arises out of a car accident occurring after October 31, 1996, to succeed with your claim for pain and suffering your injuries must meet the requirements of the “threshold”, and if during your lawsuit or at trial a court finds your injuries do not meet this threshold, you will not be entitled to damages for pain and suffering. In order for your claim to pass the “threshold”, the injuries sustained in the motor vehicle accident must have resulted in:

death;
permanent serious disfigurement (for example, scars); or
permanent serious impairment of an important physical, mental or psychological function.

Claims for pain and suffering are prevented unless you meet this threshold, however claims for loss of income and loss of earning capacity are not affected by the “threshold”. If your claim meets the threshold, there is a $30,000.00 deductible from the amount of damages you, the injured party would otherwise receive. There is a $15,000.00 deductible for Family Law Act claims. The deductible will not be applied where claims for the injured party exceed $100,000.00 or claims under the Family Law Act exceed $50,000.00 or claims for the death of a family member.

Loss of Income

The principles of “meeting the threshold” do not apply when you are suing for loss of income. Income losses can be claimed however, you can not claim a loss of income for the first 7 days after an accident. You can receive only 70% of your gross income (less any accident benefits which are received). After trial, you can receive 100% of your gross loss of income, less any accident benefits paid.

Health care expenses

If your injuries meet the threshold, you can claim the costs of health care expenses incurred as a result of your accident, over and above amounts paid or available through accident benefits.

Other out of pocket expenses

Other expenses reasonably incurred as a result of the motor vehicle accident not covered by accident benefits (i.e. housekeeping and home maintenance assistance).

Do you suffer from an "invisible disability"?

devops@elitedigital.ca (Dev Ops) — Tue, 02 Jun 2020 22:43:41 GMT

Answer...

A claim for short-term disability or long-term disability benefits can involve psychological or physical injuries or illnesses. A person can apply for disability claims for chronic pain, conditions such as fibromyalgia, arthritis, depression, anxiety, bipolar disorder, traumatic brain injury and have a difficult time getting his or her application approved or receiving benefits past the change of definition date as a result of his or her condition being “invisible”. In long-term disability claims, insurance company’s definition of total disability changes from any occupation to own occupation after a certain period of time, usually after 2 years. Conditions such as the ones listed above may be thought of as “invisible” illnesses because their symptoms are not visible on diagnostic imaging, blood tests and cannot be “seen”. If a person is unable to work as a result of a mental illness or chronic pain disorder, it is important to be under the care of a physician and to be attending treatment regularly, essentially showing that he or she is willing to participate in recovery. By attending regular doctors’ appointments, an insured person can document symptoms, the severity of the illness, restrictions and limitations and how it affects his or her ability to work.

What if the insurer does surveillance?

devops@elitedigital.ca (Dev Ops) — Sun, 31 May 2020 23:32:16 GMT

Answer...

You should be aware that your insurance company has the right to hire a private investigator to conduct surveillance at any time, without your knowledge. It is recommended that you continue on with your activities that you are able to engage in and avoid the activities that you have been advised that you are medically unable to do. It is very important to be consistent and honest with your limitations.

The insurance company requests surveillance in order to verify if the level of activity being reported by you is true and to make sure that your claim is valid, and not fraudulent. If you are honest and open about your activity level, limitations and restrictions, you should not worry about surveillance.

You should also keep in mind that social media can be used as a type of surveillance. Insurance companies may use your social media accounts as another measure of surveillance to determine the level of activity you are able to do.

How do our lawyers help?

devops@elitedigital.ca (Dev Ops) — Sun, 31 May 2020 23:32:14 GMT

Answer...

A disability lawyer will help you to comprehend your insurance policy. A lawyer can help you to understand why your claim was denied and interpret the denial letter. A lawyer can help you to determine the best course of action after your claim has been denied by advising you of your options. By hiring a lawyer, you will be provided with information as to what type of medical evidence insurance companies are looking for, what your rights and obligations are as an insured person. If you have commenced a lawsuit against your insurance company, you will want to know what to expect during the course of legal proceedings. Your lawyer will guide you through the process and make sure you are kept apprised of all developments during your case.

How do I find the right lawyer?

devops@elitedigital.ca (Dev Ops) — Sun, 31 May 2020 23:32:11 GMT

Answer...

You want a lawyer that treats you with respect, and that listens to you and answers all of your questions. The right lawyer will speak to you and explain things to you so that you understand legal terminology and your legal rights. You should feel comfortable calling your lawyer when you have questions.

What documents do we request and who pays for them?

devops@elitedigital.ca (Dev Ops) — Sun, 31 May 2020 23:31:52 GMT

Answer...

As part of the legal process, we need to request various documents. We will fund the cost of requesting the documents. You do not have to pay for the documents. No up front fees are required from our clients. Documents we request include family doctor’s records, hospital records, specialist records, employment files, tax returns, and if applicable, WSIB, CPP Disability File and ODSP or Ontario Works files. Medical documents are required to gain an understanding of any injuries or illnesses, and how long they have affected you. In a long-term disability matter, we request income tax returns as the insurer wants to verify that you are not currently working or that you are not in receipt of payments that could be used against payments owed. We request files from WSIB, CPP Disability etc. to determine if your benefits were properly calculated.

What do we send to your insurance company/defence counsel?

devops@elitedigital.ca (Dev Ops) — Sun, 31 May 2020 23:31:49 GMT

Answer...

There is a stage of the legal process where we exchange documents with the insurance company/their defence counsel. We will send them copies of the documents we have requested/gathered and they will send us a copy of their claims file.

How does my lawyer get paid?

devops@elitedigital.ca (Dev Ops) — Sun, 31 May 2020 23:31:44 GMT

Answer...

At Aaron Waxman & Associates, we only get paid when your case settles. Our retainer agreement is a contingency fee retainer, which means our payment is contingent upon your case settling. You never have to worry about upfront legal fees or ongoing monthly fees.