Share Lawyers Wins Long-Term Disability for Client

Share Lawyers successfully advocated for their client when her long-term disability benefits were cut off.Once her five-year-old daughter began school, Elizabeth Harris re-entered the workforce. Elizabeth got a job at an insurance company’s call centre in Toronto. Poor ergonomics and job stress plagued her from the beginning, as in prior work experience, and eventually became too much for her. Long-Term Disability Claim Won For Client | Share Lawyers

WORKSTATION CAUSES DISCOMFORT

As at any desk job, the ease-of-use of her chair, desk, phone, keyboard, and computer monitor were important to Elizabeth’s comfort and health. These were not ergonomically correct, even after she repeatedly expressed concern to her supervisor. Over two years on the job, chronic pain had developed in her neck and right wrist.

WORK CONDITIONS CAUSES STRESS

Elizabeth also found her job emotionally stressful. Some callers were hard to please and a few each day would yell. All activity on her phone and computer was recorded and timed. She felt pressure from her employer to shorten each call, and she was expected to promote the company. Elizabeth felt particularly stressed as the economy worsened and some of her friends were laid off. When her best friend, who sat next to her, was laid off, it seemed a tipping point for her.

DOCTOR’S VIEWS DISTRESSING

Emotionally stressed and physically aching, Elizabeth went to her doctor for help. In the doctor’s office, she broke down and cried. The doctor said that time off work was needed. She referred Elizabeth to see a psychologist, prescribed painkillers for her neck and wrist pain, and prescribed an antidepressant for the stress. Referring her to a surgeon for carpal tunnel syndrome, the doctor said that typing had become a health hazard. Rather than relieved, Elizabeth felt overwhelmed.

SHORT-TERM DISABILITY CLAIM APPROVED

She applied for short-term disability benefits with her employer. Her claim was approved.

LONG-TERM DISABILITY APPLICATION TRIGGERS TROUBLE

Three months later, stressed and depressed about the state of her health and employability, Elizabeth’s pain symptoms and depression seemed to be getting worse while on leave – not better. She applied for long-term disability benefits. Her claim was denied and her employer threatened to terminate her employment with no severance if she did not return to work immediately.

NURSE FRIEND REFERS TO SHARE LAWYERS

Seeking help, Elizabeth turned to her friend who had used Share Lawyers in the past. Jim assured her that Share Lawyers could help. Unable to cope, Elizabeth followed Jim’s advice. Share Lawyers accepted her case.

INSURER TREATS SUIT DISMISSIVELY

The main issue in her claim for long-term disability benefits was that it was merely considered one of workplace stress. The insurance company was unimpressed by the medical evidence, which did not differ from her medical information over several prior years. It argued that Elizabeth had complained of a sore wrist and neck pain in the past but was always able to continue working. Also, it suggested that the weak economy had caused her to pursue the claim as surety.

GOOD EVIDENCE + GOOD REPRESENTATION

Share Lawyers secured further medical information by having Elizabeth attend assessments with specialists who could explain the deterioration of her condition. The insurance company would find this case not so easily won. Indeed, Elizabeth was pleasantly surprised at the final outcome, despite the posturing that had taken place before and during mediation.

GOOD OUTCOME

Share Lawyers successfully sued the insurer for long-term disability benefits and secured severance pay from her employer. She was relieved to have the case settled, and with the settlement funds, to focus on recuperating and start thinking about the future again. Has your long term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case. Find out if you have a disability case.We have recently settled cases against Manulife Financial, Industrial Alliance, The EDGE, Transamerica Life, Allstate and many more. Please share your own experience with us, we love hearing feedback from our clients.

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