If you’re one of the many Canadians in British Columbia who cannot work due to an illness or injury, the threat of losing your income can be incredibly frustrating. Affording the essentials is difficult without a regular paycheck.
Thankfully, long-term disability in BC helps you cover living expenses, offering much-needed financial stability. Our guide will walk you through the information you need about long-term disability benefits in 2024.
Long term disability in BC provides critical financial support when you can’t work due to injury or illness. Usually, insurance companies offer these benefits through your employer’s plan, allowing you to focus on recovering without the added stress of lost income.
Short term disability provides temporary income replacement, typically only for a few weeks to several months. Long term disability offers ongoing financial support for an extended period lasting several years or up to retirement age.
Definition of Long Term Disability
Long term disability is defined as an illness or injury that makes it impossible for a person to perform the essential duties of their job and prevents them from working for an extended period.
Many people will assume that long term disability benefits are for those who are so sick or injured that they are bedridden or cannot perform basic daily tasks.
However, the reality is that any illness or injury that prevents you from performing the essential duties of your occupation will typically qualify you for disability benefits. Here are the key factors.
Functional Impairment: How your condition impacts your ability to perform the basic requirements of your occupation.
Specific Policy Guidelines: Your insurance company’s specific definitions and criteria for disability coverage.
Here’s an example:
If you’re a construction worker who severely injures your back, you may not be bedridden or unable to perform basic daily activities. However, your injury may make it impossible to lift heavy objects or stand for prolonged periods–both of which are essential duties of your job.
This impairment, even though you are still able to dress yourself, walk, and perform other essential activities, would likely qualify you for long term disability because the injury prevents you from performing the core tasks of your occupation.
In BC, long term disability benefits provided through private, employer-sponsored disability plans are typically paid as a percentage of your pre-disability income. This percentage usually ranges from 60-80% of your gross salary, although the exact amount will vary depending on the specific terms of your policy.
Payments are generally made monthly to provide financial support while you cannot work due to the qualifying injury or illness. Some policies will have a cap on the maximum monthly benefits.
Meaning that even if a percentage suggests a higher payment, the benefits will not exceed the maximum cap outlined in the policy.
How Are Benefits Paid?
In BC, long term disability benefits provided through private, employer-sponsored disability plans are typically paid as a percentage of your pre-disability income. This percentage usually ranges from 60-80% of your gross salary, although the exact amount will vary depending on the specific terms of your policy.
Payments are generally made monthly to provide financial support while you cannot work due to the qualifying injury or illness. Some policies will have a cap on the maximum monthly benefits.
Meaning that even if a percentage suggests a higher payment, the benefits will not exceed the maximum cap outlined in the policy.
How Long Can I Be On Long Term Disability in BC?
In British Columbia, you are typically eligible for long-term disability (LTD) benefits until you can return to work or until the coverage period ends, which is usually at age 65. However, some LTD policies offer a fixed benefit term, lasting anywhere from 5 to 10 years, depending on the policy terms.
This could mean that after a certain period, the criteria for receiving benefits might shift from being unable to perform your occupation to being unable to perform any occupation.
The elimination period is essentially a waiting period between the onset of your illness or injury and when you become eligible for your LTD benefit payments. During this time, you won’t receive payments.
This period is usually 90 to 120 days but can be as long as a year, depending on your policy. Your insurance company uses this period to assess your claim and determine eligibility.
In BC, there are quite a few reasons for claims to be denied, even if they are valid. Here are the most common.
Insufficient Medical Evidence: Your insurance company may deny your claim if they believe that the medical documentation provided in the claim does not sufficiently provide that you cannot work due to your condition.
Pre-Existing Conditions: If the insurer determines that your disability is related to a pre-existing condition that wasn’t disclosed or covered by the policy, your claim may be denied.
Failure to Meet the Policy’s Definition of Disability: Many LTD policies in BC have changing definitions of disability over time. Initially, you may need to prove that you cannot perform your specific job. However, you may later need to prove that you cannot perform any job.
If your claim for long term disability in BC is denied, it’s important not to lose hope. Insurance companies routinely deny valid claims in an effort to minimize costs and will often exploit technicalities to do so.
You have options, and your first one should be to reach out to an experienced disability lawyer like Share Lawyers. We’re the first law firm in Canada to specialize in disability law, and for over 35 years, we’ve used our experience to help you navigate your case and obtain the benefits you deserve.
Seeking assistance from Share Lawyers will also take a heavy burden off your shoulders so you can focus on your health. You aren’t alone. Share Lawyers is here to support you every step of the way.
At Share Lawyers, we are dedicated to making your life easier by carrying the heavy lift of appealing your denial by providing specialized and compassionate legal support.
How Share Lawyers Helps With Your Case
Free Case Evaluation
We believe that legal representation should be accessible. To that end, we offer all potential clients free consultations to ensure we are the right fit.
There’s no obligation, and you won’t owe us anything until your case is won.
Gathering Medical Evidence
Medical evidence is essential to any appeal, and we will work on your behalf to gather any necessary medical information or evidence to strengthen your claim and address the reasons for the denial.
Handling Communication
We handle all communication with your insurance company on your behalf, so you won’t have to worry about keeping up with any necessary correspondence. We’ll still keep you in the loop because we believe in transparency.
A Proven Track Record
With over 35 years of practicing disability law and over 8000 successful cases, Share Lawyers is a name you can count on, and insurance companies know we mean business.
Negotiation and Litigation
We will negotiate with your insurance company to secure your benefits and, if necessary, take them to court. It’s worth noting that most of our cases are settled long before we need to see a courtroom, but we are prepared to represent you if need be.
We offer personalized support through the exclusive Life reBUILDER™ program, helping you regain stability and rebuild your life during and after the lawsuit.
Support from the Comfort of Home
We want to make your experience as easy and stress-free as possible. You’re already dealing with a lot. That’s why we provide comprehensive remote support so you will rarely, if ever, need to leave the house.
At Share Lawyers, we understand how frustrating it can be to face a denial for your long term disability in BC. That’s why we are so passionate about fighting for the rights of Canadians just like you and helping them obtain the LTD benefits they depend on.
“When I needed someone to help with my case, they were there for me. All of the staff listened to what I had to say and helped me every step of the way. I would have no problem recommending Share Lawyers to someone who needs someone on their side.”
4.9/5 | Your Life, RebuiltDisability & Employment Lawyers in Canada
