The interplay between claims for Long Term Disability benefits and income benefits from the Workplace Safety and Insurance Board (WSIB) can be quite confusing. Generally speaking, if you have been injured in an accident that takes place at work and your workplace is covered by WSIB, a claim should be submitted to the WSIB. The benefits that are payable by WSIB are based on statute and regulation and must arise from a workplace injury. WSIB has extensive policies, regulations and prior decisions that determine whether a disabling injury is covered.
Disability Insurance, on the other hand, provides benefits in the event of a disability from either illness or an accident. So, if you are unable to work due to injury or illness you should seriously consider applying for disability benefits if they are available to you. Most group disability insurance offered as benefits by your employer, contain “offset” or “co-ordination” clauses that will not allow for double recovery. So, if you are in receipt of WSIB benefits, these would be deducted from any potential entitlement under a group disability insurance policy.
Apply For Both WSIB & Disability Insurance
If in doubt, you ought to apply for both WSIB and Disability Insurance benefits as the entitlement criteria are different and there may be circumstances where you would be entitled to one but not the other. This may create a dilemma for you depending on how clearly your workplace “accident” establishes that the reason you are unable to work are the injuries you suffered in the workplace accident.
Don't Miss an Opportunity
Let’s say you hurt you back while lifting something heavy at work. You submit a claim for WSIB which is initially accepted, but after a few weeks of benefits WSIB tells you that you should have recovered from the injury and any underlying ongoing disability is not related to your workplace injury, but rather from an underlying congenital medical condition, such as degenerative disc disease or some other auto-immune disorder, such as rheumatoid arthritis. This could result in you getting some WSIB benefits, but if you haven’t submitted a claim for disability insurance benefits through your group plan, you may miss out on the opportunity to obtain those benefits because your application may be considered to be too late.
This blog is not meant to be an exhaustive discussion of all of the factors involved in the interplay between WSIB and LTD, but rather to illustrate the potential complexity and the need for you to get clear advice if you find yourself in a situation like this.
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A note from our long term disability lawyers
Taking a medical leave from work is not an easy decision to make. Concerns about providing for yourself and your family and keeping your job may cause you to want to push through your pain, but this won’t make your problems go away. Stopping work is often the smartest decision for your long term health and well-being, and your disability benefits are there to provide you with financial support until you can return to work.
If you have made the tough decision to stop working and apply for your short term disability or long term disability benefits, you may feel overwhelmed by the process and have questions that your employer and your insurance company are not able or willing to answer. Share is There to see you through and answer your questions.
Our Disability law firm knows what you have been going through
We understand that things have not been easy for you over the last little while. Your health has been suffering, you are unable to work, and now your insurance company, who was supposed to be there in your time of need, has decided they will not pay your disability benefits or respect your disability claim. These benefits exist to provide you with the financial support you need so that you can focus on your health and rebuilding your life. It is unfortunate that your insurance company has not lived up to its promise. If your disability claim has been denied, we will fight to get you the benefits you are entitled to. Our disability lawyers have helped thousands of Canadians get their long term disability benefits over the past 35 years, and we can help you too.
Our experienced disability lawyers can fight back on your behalf
Share Lawyers believes that every client who is dealing with a disability claim deserves superior personal service. To achieve that goal, we have developed our team of experienced, compassionate, and caring long term disability lawyers, law clerks, and administrative staff to meet all of your needs. Our team of experienced long term disability, life insurance, employment, and critical illness insurance lawyers have made successful claims against many insurance companies, third-party administrators and employers.
If you are unable to work, your disability benefits should be there to provide you with the financial support you need. While your insurance company may be focused on finding ways to avoid paying your claim, our focus is on what is in your best interest. When Share Lawyers gets involved, you have an entire team of lawyers that are there to support you and to fight for what is yours.
Our disability claim lawyers fight for your disability insurance claim by relying on our many years of experience to apply the best strategic planning and approach in each case, using the latest technology available. Experience matters, and with Share Lawyers, you are in the best hands with 35 years of success on your side.
In this video, we explain the role of a long term disability lawyer and how we can support you when you have been denied your long term disability benefits.