Long-Term Disability Law

Mental Health and Long-Term Disability: Are You Covered?

Mental Health Issues | Tim Louis & Company Law in Vancouver
In the not so distant past, employers viewed mental health issues as temporary and less serious than other physical injuries. At the time, having a mental health disability resulting from a traumatic event was not seen as a legitimate reason to be approved for disability — only physical injuries were considered to be applicable for disability claims. Sadly, psychological or emotional related claims were not seen as harmful to the quality of life.

Today, with more awareness and education about the damaging effects mental health issues can have on individuals and their ability to work and lead a normal, healthy life, mental health is now discussed more and has been proven to be a frequent and substantial issue among Canadians. Each year, thousands of British Columbians miss work due to a mental health-related disability.

Long-term Disability & Mental Health Through Your Employer

As an employee who is covered by a disability insurance policy at work, you as a policyholder/employee have the right to submit a claim for benefits following a lengthy injury or illness. This claim submission will also include diagnosed with mental health conditions. Depending on the type of policy, you may have additional resources available to you where you can receive further assistance on steps to access mental health services, counsellors, and or educational materials where employees can have access to preventative measure guidance.

Time Limits on Recovering

It is important to note that you are not entitled to long-term disability benefits when you begin to experience mental health issues. Just like any other injuries, you must have experienced your disability for 2 years in which you were unable to sustain employment. However, there are some insurance policies that cover claimants under short-disability insurance, so it is important to clearly understand your policy.

No two policies are alike. Be warned that there are numerous insurers that will do all they can to avoid paying out to the applicant. In some cases, even when there is a valid policy in place, insurers will still do what they can to keep from paying out. This is when you need a qualified, trusted long-term disability lawyer who can represent you to fight back. Below are the most common reasons why mental health disability claims can be denied:

  • You have not completed the required details or have not been responsive to the insurer to ensure applications or documentation is updated to fulfill your policy.
  • Failing to seek treatment for mental illness can have numerous consequences for your disability claim. The insurance company may conclude that you refused to take the steps necessary to support your mental illness claim.
  • Your chosen medical professional has not documented your treatment. Insurance companies can deny an application even if your doctor has provided you with a thorough physical examination – if there is not thorough documentation, it is highly likely that your application could be denied.
  • Your doctor may not be providing you with the adequate care you require. An insurance company may deny a claim if they feel you need to see another professional who can provide you with better care for your needs.

Contact Your Trusted Long Term Disability Lawyer

A mental health disability can have a lasting impact on one’s quality of life. If you or a loved one has experienced a mental health issue, contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com.

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

A long-term disability lawsuit can be an intensive, lengthy process. The time it takes depends on the type of disability plan and can be a complex undertaking. The best option is to contact an experienced and knowledgeable long-term disability personal injury lawyer for trusted advice.

Which Disability Plan Do You Qualify For?

First, your lawyer must determine which disability plan you qualify for:

  • Short-term disability
  • Employer sick pay
  • Employer insurance sickness benefits
  • Canadian pension plan (CPP)
  • Long-term disability
  • Canadian pension plan

Professional Medical Support

Secondly, in order to begin the process, you must have medical evidence supporting your disability claim. Without support from a medical professional, a long-term disability lawsuit claim cannot move forward.

When You Apply for Disability

Ensure that you collect and accurately fill out all related paperwork and/or applications for disability coverage and submit them. If you have any questions, contact your trusted lawyer for clarification – it’s essential that applications for disability are filled out completely before submission, and of course, turned in by the deadline.

Right After You Apply for Disability

Once you have submitted your application for disability, it’s important to know that you may harm your benefits during the transmission period from an employee, to someone on sick leave. For instance, if your employer requests that you accept a severance package, or encourages you to resign from the company, do not agree under any circumstances. If you agree with any of the aforementioned, ruining your chances of receiving disability will be likely (resigning from the company revokes your ability to receive disability benefits).

Waiting for a Decision

In some cases, you may have to be patient when it comes to waiting for a decision to be made on your disability lawsuit. However, generally, it takes roughly 30 days after you have submitted your application. If you have waited longer than 30 days, ensure that you follow up with your lawyer.

When Do I File a Long-Term Lawsuit?

If your disability claim is denied or the amount you sued for is less than you require, your lawyer will assist and collect all of the required documentation to present as evidence for your long-term disability lawsuit. Additional medical examinations may be required to show that you have a disability and are unable to commence work – this filing is called a Statement of Claim.

The Discovery Process

During the discovery process, both parties meet and are interviewed under oath. Your lawyer will spend the time required to prepare you for the questions and explain the entire procedure. Your lawyer will also request all applicable documentation and a detailed explanation as to why their decision was met. Once all information has been reviewed, your lawyer will discuss your options as to whether negotiating a settlement is recommended or whether proceeding to trial is a risk worth pursuing.

Negotiation VS. Trial

Negotiation:

Usually negotiating a fair settlement is a logical alternative than moving forward to trial. If both parties are satisfied with the settlement compensation amount, there is obviously no reason to go to trial and the lawsuit will be dismissed. However, if the insurance company does not agree to a fair settlement, the case can go to trial where an actual judge makes the decision.

Trial:

Trials require substantial preparation and unfortunately may take 2 years or more for the case to even enter the courtroom. A trial, of course, can go two ways: the insurance company can agree to pay you back benefits — plus your current benefits, OR if the decision goes against you, you receive no benefits. Note that a judge may require you to pay part or all of the insurer’s legal fees – one reason why it’s better to reach a settlement over taking a risk by going to trial.

“Oftentimes it’s a relief just to turn the case over to a lawyer so it can be fought vigorously on their behalf…just knowing that someone is fighting the battle so they can concentrate on the quality of life issues can be a huge benefit.” – Tim Louis
http://timlouislaw.ca/bctimlouislaw/long-term-disability-attorney-vancouver-bc/

Tim Louis & Co has been representing those who suffer from long-term disability for over 2 decades. He has successfully sued some of the largest insurance companies in the world on behalf of deserving clients and has appealed the decisions of the Federal government in CPP disability claims on behalf of clients. Tim Louis and his compassionate, experienced team can give you the reliable and trusted advice you deserve. Contact 604-732-7678 or email timlouis@timlouislaw.com for a free consultation.

Common Workplace Injuries

Prevent Workplace Injuries

When we think about workplace injuries, what often comes to mind are high-risk occupations in construction, manufacturing, or those dealing with hazardous materials – but the fact is, workplace injuries happen across all industries, in all occupations – and most of them are entirely preventable with proper care and preparation.

workplace injuries

Workplace Injuries

Although the types of injury commonly sustained at work are as numerous as the number of jobs that can be listed – some of the more common and preventable injuries are:

Strains/Sprains

These types of injuries also referred to as “repetitive strain injuries (RSI)” or “musculoskeletal disorders” are very common workplace injuries due to the number of occupations dealing with repetitive tasks throughout the day.

Some of the more frequent causes of these injuries can include:

  • Repetitive or vigorous movement over long periods of time
  • Lack of movement/holding your posture or limbs in an unnatural position for long periods
  • Overusing a particular group of muscles
  • Poor posture or a non-ergonomically designed workspace

Back Injuries

back pain

Injuries related to the back are common among numerous occupations and can have an affect — both personally and professionally, long after the initial injury itself. Some of the more common factors resulting in back-related injury can include:

  • Repetitive lifting or moving of heavy objects, reaching or bending
  • Sustained whole-body vibration or jarring from the use of machinery
  • Poor posture, improper or inadequate back support seating in the workplace
  • Prolonged periods of inactivity

Head Injuries

A head injury can be serious and can lead to contusions, hematomas (bleeding in the brain), and concussions. Unfortunately, it’s not uncommon in the workplace –, especially in manufacturing and construction industries. ‘Closed’ head injuries do not pierce the skull and “open” head injuries happen when an object has pierced through the skull, causing possible brain injury. Generally, recovery time may be longer than other common workplace injuries, although most people fully recover from minor to moderate head injuries.

Some of the more frequent causes:

  • Being hit by falling or flying objects
  • Slipping or tripping and falling
  • Falling from above such as tumbling down stairs or falling off a ladder
  • Walking into objects such as a wall, cabinet or glass window

Herniated/Bulging Discs

Both herniated and bulging discs can affect a person’s nerves, tendons, muscles, and joints. These are common injuries and can result from repetitive motion trauma and or soft tissue disorders resulting from a workplace injury. If you injure your back or neck, a spinal disc can move out of place and can bulge outward from between the vertebrae — putting pressure on spinal nerves. Sciatica (nerve pain radiating down one leg) is a
common symptom of a herniating disc injury, as well as numbing, tingling pain in the legs and weakness in the back and legs.

Some of the more frequent causes of these injuries can include:

  • Heavy lifting and overexertion
  • Hard blows to the lower back
  • Ongoing, repetitive motion
  • Sitting for extended periods of time in an awkward position
  • Slip, trip or fall

PREVENTION:

workplace safety

With a little care and consideration, most of the workplace injuries we’ve listed can be prevented with proper understanding and preparation. Some of the methods for preventing these common injuries are:

  • Proper lifting techniques
  • Make exercise a part of your daily routine
  • Listen to your body
  • Pay attention to posture and form
  • Proper protective gear such as helmets to protect the head from injury
  • Safety training, preparation, and education on behalf of the employer

These common workplace injuries can have a lasting impact on one’s health and quality of life. If you or a loved one has experienced a serious injury while on the job, contact Tim Louis and his compassionate and experienced legal team today: 604-732-7678

Post Traumatic Stress Disorder

Post Traumatic Stress Disorder

Experiencing a traumatic event can have a lasting effect — both physically and psychologically. Post Traumatic Stress Disorder can remain with you for months, years or even indefinitely if the initial trauma is significant enough. This is why post-traumatic stress disorder is a common condition affecting the mental health of so many people — specifically those who have sustained a personal injury through workplace or traffic-related incidents.

What is Post Traumatic Stress Disorder?

post traumatic stress disorderThe Mayo Clinic defines post-traumatic stress disorder as a condition triggered by an extremely horrific experience -– whether a person is directly involved in the event itself, or just an outside observer.

Although popular media and literature commonly associates PTSD with trauma resulting from active military combat, exposure to a natural disaster or violent physical assault, the simple fact is PTSD can be brought on by any trauma that is severe enough to affect the individual on a deep psychological level. This can include trauma and/or personal injuries sustained through workplace injuries, traffic accidents, or many other common traumatic events.

Symptoms of PTSD

Post Traumatic Stress DisorderWhen someone is injured during a traumatic event, they may have more than physical injuries to contend with. They may find themselves feeling anxious or extremely keyed up (also known as hyper-arousal) or on edge.

So, how do can someone know if they have PTSD? Many common signs of PTSD can include:

Avoiding Reminders of the Traumatic Event

Avoiding locations associated with the trauma, such as a frequently used intersection – or even previously common activities such as driving or riding in a vehicle.

Fear and Sensations of Helplessness

When you are in an accident, it makes you feel immensely helpless and at the mercy of outside forces beyond your control. People who suffer from PTSD often suffer rapid onset of extreme fear or feelings of helplessness that can become a real barrier to their day-to-day life.

Physical Symptoms

Dealing with many of the psychological aspects of trauma can also have a direct physical effect on those dealing with PTSD – such as rapid heartbeat, difficulty breathing, chills, sweating and other physical symptoms. Uncontrollable Thoughts Constant anxiety and fear can lead those who have experienced trauma to have thoughts that simply won’t go away. These negative thoughts can be overwhelming; often needing medical assistance or long-term therapy.

Difficulty Concentrating or Sleeping

insomnia ptsdAn individual dealing with PTSD-related symptoms can often find themselves suffering from exhaustion and will commonly have problems maintaining a regular sleep schedule.

This can become a repetitive and draining cycle as time goes on — often leaving those suffering from these symptoms with little energy and focus during their day-to-day lives.

These and many other PTSD related symptoms may arise in victims of trauma. If you’ve been involved in an accident and think you may have PTSD, it is in your best interest to contact a medical professional as soon as possible.

PTSD Treatment

Post-traumatic stress disorder is a severe condition that requires immediate and careful attention. PTSD may be treated successfully even after time has passed after the traumatic event, which means it is never too late to seek professional help. Your doctor will often conduct an initial assessment, followed by a referral to a licensed specialist who can work with you to create a short to long-term treatment plan.

Hurt in an Accident? Living with PTSD? Tim Louis Law Can Help.

If you or a loved one has symptoms of PTSD, contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve. To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com. We’re here to help.

source: https://www.mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967

Do I Need A Personal Injury Lawyer?

Hire a personal injury lawyer after concussion

Do you need to Hire a Personal Injury Lawyer

A lawyer is not needed when making an injury compensation claim, but it is highly recommended that you have one. When you hire a lawyer it doesn’t mean you are ready to go to court it just says you want to seek legal advice from someone rational who is not emotionally involved in the claim.

Things You Should

It is not necessary to hire a lawyer when dealing with the Insurance Corporation of British Colombia (ICBC), but if you do, then you must make very informed decisions. The ICBC will appoint an experienced adjuster, who works for them, to negotiate for the settlement of your claim at a reasonable amount from ICBS’s point of view. The adjustors continuously deal with injury claim so they will be tough negotiators.

A good lawyer will do the following for you:

  • Advise you accordingly
  • Try and obtain a fair settlement for you
  • Collect evidence and proper medical information
  • Decide the extent to which you should be compensated in regards to your case

If your lawyer and the designated adjustor can’t come to a proper settlement, then it’s up to your lawyers to take the case to court so that they can obtain a full and fair compensation on your behalf. Less than 1% of the ICBC claims proceed to court.

Advice

If you are unsure on whether you should enlist for the services of a lawyer then pay a visit to one of the many experienced BC personal injury lawyers and seek legal advice and also obtain knowledge on the matter. Most of the lawyers offer initial legal consultation free of charge or obligations. After the meeting, you will be in a better position to decide whether you need to hire a lawyer.

the worldwide logo of personal injury lawyers

What Do Lawyers Cost?

The cost of a lawyer is entirely dependent on the case in which they are handling. In a personal injury insurance claim, you have the right to hire a lawyer and pay on a contingency basis. A contingency fee agreement means that the lawyer you hire will accept a predetermined fixed percentage of the recovery or the money to be paid to the client, if you recover nothing from your claim then you shouldn’t spend your lawyer anything. Regularly, contingency fees in British Colombia range from 20 to 33 percent of the total recoverable amount. Lawyers hired on contingency basis receive their payments at the time when they collect your compensation cheque from the insurance firm not before.

Most of the time when you want to enlist for the services of a lawyer you have to visit him. During the first meeting the lawyer gets to familiarize himself with a case, and then you will move on to the sensitive fee issue, make sure you understand the fee contract before signing it. In some cases the lawyer’s services can be paid using a predetermined hourly rate, when using such a mode of payment the lawyer may ask you for a retainer, a retainer is an amount of money that acts as security and will be used to meet the lawyer’s upcoming expenses, the lawyer will thereafter send you interim accounts for immediate payment. The method of payment while hiring a lawyer is entirely up to you.

While still discussing the topic of remuneration you must get to understand who will be responsible for disbursements. Disbursements are the expenses that the lawyer will incur in the prosecution of the claim example of such fees are the cost of medical records, cost of hiring experts, court registry fees, and other similar expenses. The disbursements may quickly sum up to thousands of dollars.

If you are to pay the lawyer on a contingency fee basis, then all the expenses incurred in the prosecution of the claim are covered by financed by the firm. It’s important to understand who will be responsible for this cost is they can’t be recovered from the ICBC. At times lawyers will deduct the expenses from their final fee if they can’t be collected as part of their final settlement.

Protection Of The Public

There are specific laws in place to govern the relationship between the lawyers and their clients. The rules of the law society of British Colombia states that in case a court awards a higher amount, the maximum amount a lawyer is entitled to for personal injury and wrongful death arising from the use or operation of a vehicle is 33.33%. Lawyers rarely charge this percentage except in exceptional circumstances like a highly complicated case or if several numbers of procedures need to be taken to bring the claim to an amicable solution.

Also, there is a 90 day cooling off period; the law states that within 90 days of hiring a lawyer you can appeal to the district registrar of the supreme court of British Colombia to have the agreement reviewed if the fee is found to be too high it shall be adjusted accordingly.

Personal Injury Attorney Vancouver

Tim Louis & Company
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678
http://bc.timlouis.com/

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