Long-Term Disability Lawyer

Understanding IBS: A Comprehensive Guide for Long-Term Disability Claims

Understanding IBS

Understanding IBS: A Comprehensive Guide for Long-Term Disability Claims

Irritable Bowel Syndrome (IBS) is more than just an occasional upset stomach; it’s a chronic condition that can profoundly disrupt daily life. For those living with IBS, the unpredictability of symptoms – from severe cramps to digestive distress – can turn routine tasks into extraordinary challenges. It’s this pervasive impact that underscores the need to understand IBS, particularly when it hampers one’s ability to work consistently.

Recognizing the gravity of IBS as it relates to long-term disability claims is crucial. In Canada, understanding your rights and the complexity of disability claims is essential, especially if you have applied for Long-term disability compensation and been denied by your insurance company.
The path to fair compensation is possible with the guidance of a long-term disability lawyer like Tim Louis, who can offer guidance through the complex process of disability claims, while acknowledging the silent struggles behind chronic conditions, and fighting for your rights.

 

What is Irritable Bowel Syndrome (IBS)?

Living with IBS means navigating a condition that can turn one’s daily routine into a series of challenges. This syndrome, with its varying types, presents an array of symptoms including abdominal pain, bloating, and inconsistent bowel movements that can shift between constipation and diarrhea.
These symptoms, often aggravated by specific foods, stress, or other triggers, require individuals to stay vigilant about their lifestyle choices and stress management. This condition, with its unpredictability, makes routines that many take for granted very difficult.

 

The Impact of IBS on Daily Living

Living with IBS can significantly impact daily life and employment. The unpredictable flare-ups can disrupt not only personal and social activities but also professional responsibilities, often without warning.

Imagine a teacher having to leave in the middle of a class or a chef unable to remain in the kitchen during a dinner rush due to sudden IBS symptoms. These scenarios highlight the disabling effects of IBS, as the need for frequent restroom breaks or the pain and discomfort can hinder concentration, performance, and presence in the workplace. It’s these incapacitating aspects that underscore the importance of recognizing IBS in disability claims, advocating for fair compensation and accommodations in the workplace.

The implications of IBS extend beyond physical discomfort and impact every part of a person’s life. For the working individual, IBS can mean unpredicted and frequent breaks, which can disrupt workflow and productivity, often necessitating a need for accommodations.
The social aspect of life also takes a hit – long commutes, travel, or simple outings require strategic planning to manage the condition’s unpredictability. This is a life-changing condition that requires legal support.

 

Navigating Disability Claims with IBS

Proving a disability claim for IBS involves navigating the nuanced intersection of medical symptoms and their impact on employment. For individuals living with IBS, the fluctuating nature of the condition makes it challenging to illustrate a consistent level of disability to insurers.
Claims must illustrate how IBS’s unpredictable symptoms create an untenable work environment, requiring a strategic presentation of both the condition’s severity and its effect on professional life.

When preparing for a disability claim in Canada, the medical evidence must be both robust and precise. This includes detailed physicians’ notes, diagnostic test results, and a well-documented history of treatments and responses. Additionally, records should reflect the functional limitations imposed by IBS, such as the need for frequent breaks or reduced productivity, to establish a clear link between the medical condition and the inability to work.

 

Legal Considerations for IBS Disability Claims

Navigating the legal landscape of IBS disability claims is difficult—precision and understanding of complex legal standards are required. Claimants face the arduous task of not just proving the existence of IBS but demonstrating its disabling impact under the scrutiny of legal definitions and policies.

The value of legal expertise cannot be overstated. A seasoned disability lawyer, like Tim Louis can be the difference between a claim that flounders and one that finds its footing. Lawyers who specialize in disability law can dissect medical reports, align them with legal criteria, and present a compelling case that underscores the disabling nature of IBS. They act as navigators, steering claimants through the legal nuances and procedural mazes that might otherwise be overwhelming.

When claims are rejected by insurance companies, a lawyer can be there to fight for your rights and get you the compensation you deserve.

Tim Louis is adept at counteracting the typical pushbacks from insurers, crafting appeals that resonate with adjudicators, and ensuring that claimants’ rights are fiercely protected. With his guidance, claimants can face the legal challenges of IBS disability claims not just with hope but with a strong legal strategy geared towards success.

 

Building a Strong IBS Disability Claim

Building a strong IBS disability claim in Canada requires meticulous documentation and a strategic approach that aligns with the Canadian Centre for Disability Benefits. Here’s a guide to crafting your claim:

  1. Initial Diagnosis and Treatment Records: Begin with a comprehensive record of your initial diagnosis, including colonoscopy reports, clinical notes, and diagnostic findings. This forms the cornerstone of your claim.
  2. Ongoing Treatment Documentation: Keep a thorough record of all treatments and responses, demonstrating a consistent medical journey. This should include medications prescribed, any therapies undertaken, and notes from healthcare providers on the efficacy of treatments.
  3. Symptom Diary: Maintain a daily log of your symptoms, their severity, and frequency. Note how they impact your ability to perform work-related tasks, including days when you were unable to work or needed to leave early.
  4. Specialist Consultations: Document visits to gastroenterologists or other specialists, highlighting any recommendations or changes in treatment they suggest. These professional opinions carry weight in assessing the seriousness of your condition.
  5. Impact Statements: Prepare personal impact statements detailing how IBS affects your daily life and work. These narratives should connect your symptoms with real-life limitations.

Ensure that this documentation is up-to-date, as consistency and continuity in medical treatment and records are pivotal in substantiating your claim under Canadian law. A detailed, well-documented claim can significantly increase the likelihood of a successful outcome.

Legal Services in BC - Tim Louis

How a Lawyer Can Help

Hiring a lawyer for a long-term disability claim, especially for complex conditions like IBS, can significantly enhance your claim’s success. A lawyer offers expertise in navigating the intricate claims process, ensures proper documentation, and advocates effectively for your rights. They can also help in articulating the impact of IBS on your life and work in legal terms, increasing the likelihood of a fair resolution.

When dealing with IBS-related long-term disability claims, having an experienced lawyer like Tim Louis can be invaluable. His services include:

  • Navigating the intricate disability claim process.
  • Preparing thorough documentation that reflects the impact of IBS on your life.
  • Offering representation that ensures your claim is given the serious consideration it deserves.

Tim Louis’s adeptness in disability law equips him with the tools to offer strategic counsel grounded in an intimate understanding of Canadian disability legislation. His approach is client-centric, ensuring compassionate and personalized service that acknowledges the individuality of each case. He combines legal acuity with genuine care, working to craft a compelling claim that enhances your prospects for a favorable outcome.

Should you find yourself navigating these challenging waters, getting a legal consultation from Tim Louis could be a decisive step toward protecting and advancing your legal rights.

If you’re dealing with the complexities of IBS and seeking long-term disability, don’t navigate these waters alone. Reach out to Tim Louis, a lawyer who understands and will stand up for your rights. Contact Tim Louis at (604) 732-7678 or via email at timlouis@timlouislaw.com to explore how he can assist you in securing the benefits you deserve.

Frequently Asked Questions

In Canada, a long-term disability qualification for IBS requires demonstrating that your symptoms significantly limit your ability to work. Consistent medical documentation and evidence of treatment are essential.
A lawyer can help by ensuring your claim is thoroughly documented, meets legal requirements, and represents your case with expertise, increasing the chance of a successful claim.
Necessary documents include medical records, treatment histories, doctors’ notes, a symptom diary, and any relevant test results.
Yes, even intermittent symptoms can qualify if they significantly disrupt your ability to perform consistent work duties.
The processing time can vary, but having legal assistance can streamline the process and address any issues promptly.
Denials may result from insufficient evidence of disability, lack of medical documentation, or disputes over the severity of symptoms.
Absolutely, especially with a lawyer who can address the reasons for denial and present a stronger case on appeal.

For specific guidance tailored to your situation, consider consulting with Tim Louis, a seasoned long-term disability lawyer.

Further Reading

For further reading and support regarding IBS in Canada, consider exploring these resources:

  • Canadian Digestive Health Foundation: Offers a wealth of knowledge on IBS, including tips for managing symptoms and understanding the condition’s impact on daily life. It also presents statistics highlighting the prevalence of IBS in Canada and its significant influence on everyday activities and work life. Canadian Digestive Health Foundation
  • IBS Patient Support Group: A community platform where IBS patients can share stories and find support. This site provides resources for managing IBS, from diet recommendations to understanding medication options. They also feature IBS-related podcasts for patient education. IBS Patient Support Group
  • The International Foundation for Gastrointestinal Disorders (IFFGD): While not Canada-specific, this site lists support groups and provides resources that can help connect individuals with similar GI diagnoses and symptoms. It’s a helpful tool for those looking for community support. IFFGD Support Groups
  • Crohn’s and Colitis Canada Access resources and support for individuals affected by Crohn’s or colitis, with a focus on the British Columbia and Yukon region. Their site offers insights into research, support programs, and educational materials. Read More

These sites provide a mix of practical advice, medical insights, and community support that can be valuable for anyone looking to understand more about IBS or seeking to connect with others facing similar challenges.

Contact Tim Louis

Cancer-Related Disability Claims

Cancer-Related Disability Claims - Your Path to Fair Compensation

Cancer is not just a diagnosis; it’s a life-altering event that carries not only a health burden but also a significant financial one. For many, the reality of this illness is compounded by the question of how to maintain financial stability when work is no longer possible. This is where a Long-Term Disability claim become a possible solution.

Understanding Long-Term Disability Claims for Cancer

In British Columbia, long-term disability (LTD) for cancer patients is recognized when their condition severely limits the ability to work. Qualification for long-term disability is based on the presence of debilitating symptoms that persist despite treatment, rendering the insured unable to fulfill their occupational duties. Specific challenges include the unpredictability of cancer progression and treatment response, which can lead to erratic work absences and a reduced capacity to work. The legal framework in B.C. requires clear and comprehensive medical evidence to support LTD claims, ensuring that the impact of cancer on an individual’s life is appropriately acknowledged and compensated.

Eligibility Criteria for Long-Term Disability in Cancer Cases

Cancer, with its complex array of symptoms, can often lead to eligibility for Long-Term Disability benefits. If you’re battling this disease, it’s crucial to understand that eligibility hinges on how your symptoms prevent you from maintaining your current employment or retraining for new work. Every aspect of your work capability is considered, from physical stamina to mental acuity.

Proving the impact of cancer on your working life is a main part of the claims process. It’s not just about the diagnosis; it’s about how it limits you. The evidence should clearly show that the tasks you once performed now present a significant challenge due to your health condition.

If you have pre-existing conditions, it’s essential to distinguish the limitations they cause from those caused by your cancer. Insurers often examine pre-existing conditions closely; however, with the right approach, the focus remains on the incapacitating effects of your cancer, not your past health issues.

For more detailed guidance tailored to your circumstances, a free consultation with a knowledgeable Long-Term Disability lawyer like Tim Louis can be invaluable.

Common Reasons for Claim Denials

In Canada, Long-Term Disability claims can be denied for several reasons, often leaving claimants in a difficult position. One common reason is insufficient medical evidence. Without comprehensive documentation detailing how cancer affects your daily life and work, insurers may not recognize the severity of your condition. Issues with pre-existing conditions can also complicate claims, as insurers may blame your disability to past health problems rather than your current diagnosis. Moreover, there can be misunderstandings about your ability to work.

If insurers believe you can still perform your job or similar work despite your illness, they may deny your claim. To strengthen your claim, it’s crucial to address these areas head-on, ensuring you provide thorough evidence and clear explanations to counter these common reasons for denial.

Preparing a Successful Disability Claim

The depth and accuracy of your medical records are vital to a successful Long-Term Disability claim, especially when dealing with something as complex as cancer. These records should not only detail every aspect of your diagnosis, treatments, and responses but also your doctors’ assessments of your functional abilities and restrictions. They should include all relevant medical tests, treatment plans, and notes from every health professional involved in your care. This information forms the foundation of your claim, illustrating the severity of your condition and its impact on your ability to work.

Equally important is your personal narrative — the story that goes beyond the clinical and medical details. It’s about how cancer affects your daily routine, your family life, and your career aspirations. It’s an account of your struggles, the days lost to fatigue or pain, and how your illness has reshaped your world. This narrative should be honest and detailed, providing the human context to the medical facts. It should speak to the challenges you’ve faced in adapting to new limitations and convey the personal implications of living with cancer, completing the picture that your medical records bring to light.

By connecting the medical facts with your personal experiences, you create a powerful narrative that can truly represent the impact of cancer on your life, helping those assessing your claim to understand not just the illness, but its profound effects on your ability to work and function as you once did.

This dual approach ensures that all aspects of your condition are considered, offering you the best chance at receiving the support you need.

 Understanding the Disability Claim Process for Cancer

The strength of a Long-Term Disability claim is heavily reliant on the solidity of medical evidence and the sincerity of personal statements. A well-documented case that includes a detailed log of symptoms and the side effects of treatments speaks volumes about the real-world consequences of your medical condition. This documentation is not just about listing the facts; it’s about showing the direct link between your symptoms and your reduced capacity to work.

Disability lawyers play a pivotal role in this process. A Long-Term Disability lawyer like Tim Louis understands the importance of this evidence and how to present your case effectively.

He will guide you in gathering the necessary documentation, crafting a compelling personal statement, and navigating the complex claims process. His expertise becomes crucial when it comes to translating medical jargon and personal experiences into a legal narrative that aligns with the requirements of the law. With his support, the journey through the disability claims process can become more manageable. His strategic approach includes not only advocating on your behalf but also educating you about your rights and the best course of action to take.

With an experienced disability lawyer by your side, you can focus on your health and well-being, confident that your legal representation is diligently working to secure the benefits you are entitled to under British Columbia law.

Dealing with Denied Claims

If your Long-Term Disability claim is denied in Canada, don’t lose hope. The first step is to understand the reason for denial, which will be outlined in the insurer’s decision letter. This information is critical for determining your next course of action. It’s essential to act swiftly, as there are often strict timelines for appealing a decision.

The expertise of a disability lawyer is invaluable. Tim Louis can offer comprehensive assistance, from reviewing the reasons for your claim’s denial to preparing and submitting an appeal that addresses these issues. He will advocate for your rights, bringing his extensive understanding of the law, negotiation skills, and his four decades of experience in dealing with insurance companies. With his support, you can navigate the appeals process with a clearer strategy and strengthen your chances of a favorable outcome.

Why Hire Long-Term Disability Lawyer Tim Louis?

Choosing to work with Tim Louis on your Long-Term Disability claim means placing your trust in a lawyer with deep expertise and experience in disability law. Known for his successful track record, Tim Louis has built his practice on a foundation of strong client advocacy, ensuring that each case is handled with the utmost dedication and personalized attention. He understands the unique challenges faced by cancer patients and tailors his legal approach to meet their specific needs, offering not just legal representation but a partnership in navigating this difficult journey. Tim Louis will fight to secure the benefits you rightfully deserve.

Don’t let insurance companies deny your rights. They might push you to appeal, a process often designed to be fruitless, exhausting your time and energy. But with Tim Louis & Company, you can fight for your Long-Term Disability claim.

Act without delay — call (604) 732-7678 or email TimLouis@timlouislaw.com for a comprehensive review of your case and the vigorous representation you need. Stand firm for your rights and get the compensation you deserve.

Frequently Asked Questions

Cancer is often recognized as a long-term disability, especially when it prevents individuals from performing their work duties due to the illness itself or the side effects of the treatment.
The stage of cancer can significantly impact the approval of long-term disability claims. While early-stage cancers might not qualify, stages 2, 3, and especially stage 4 are more likely to be approved due to the severity and impact on a person’s ability to work.
Even if cancer is in remission, the side effects of treatment or the cancer itself may continue to impede your ability to work, potentially qualifying you for long-term disability benefits.
Comprehensive medical documentation is crucial, including diagnostic tests (like CT scans, MRIs), treatment records, notes from your treating physician and oncologist, and potentially personal statements detailing how your cancer affects your daily activities and work.
If your long-term disability claim is denied due to the perceived severity of your cancer, gathering more detailed medical evidence, consulting with your doctors, and possibly seeking legal representation could help you challenge the denial.
A pre-existing condition clause in your insurance policy may affect your claim. If you were diagnosed with cancer before the start of your insurance coverage, the claim might be denied. It’s important to review your policy’s specific clauses regarding pre-existing conditions.
You can apply for CPP disability benefits, and if you qualify, it could support your claim for LTD benefits. However, note that CPP disability benefits may be deductible from the LTD benefits.
In the event of a denial, it’s advisable to consult with a lawyer who specializes in long-term disability claims. They can review your case, advise on the best course of action, and represent you in any legal proceedings if necessary.
A lawyer can guide you through the claims process, ensure that you meet all deadlines, communicate with insurance providers on your behalf, and help gather the necessary evidence to build a strong case for your claim.

Links to Relevant Resources and Further Reading:

For further reading and resources, visit:

  1. Service Canada – Employment Insurance Sickness Benefits

    • This page provides details about the Employment Insurance (EI) sickness benefits, which are available to individuals who cannot work due to medical reasons, such as cancer. Information includes how to apply, the benefits you might expect, and the duration of the coverage. Explore EI Sickness Benefits
  2. Canadian Cancer Society – Financial Help

    • The Canadian Cancer Society offers guidance on navigating financial challenges after a cancer diagnosis. It includes information on income replacement and drug coverage programs. Learn about Financial Help
  3. Cancer Care Ontario – Drug Funding Programs

    • On this page, Cancer Care Ontario explains the various drug funding programs available to Ontario residents, which can help offset the high costs of cancer medications. Check Drug Funding Programs
  4. Canadian Life and Health Insurance Association – A Guide to Disability Insurance

    • Here you can find a comprehensive guide to disability insurance, detailing what it covers, how to claim it, and considerations for those with a cancer diagnosis. Understanding Disability Insurance
  5. Government of Canada – Canada Pension Plan Disability Benefits

    • The Government of Canada outlines the benefits available through the Canada Pension Plan for those unable to work due to a disability. It is a crucial resource for those with long-term impairments resulting from cancer.
      Explore CPP Disability Benefits

Please visit these pages to obtain comprehensive and accurate information tailored to your specific needs and situation.

Navigating Chronic Pain and Long-Term Disability Claims in British Columbia: A Comprehensive Guide

Chronic pain and long term disability claims

Navigating Chronic Pain and Long-Term Disability Claims in British Columbia:
A Comprehensive Guide

Living with chronic pain is an ongoing struggle that affects every corner of one’s life, impacting not only your health and well-being, but also your ability to work. You may be entitled to long-term disability payments.

At Tim Louis Law, we bring empathy and expertise to your unique situation, ensuring you feel seen and supported.

Understanding Chronic Pain

Chronic pain is a complex health issue, described as pain that persists for more than three months, often beyond the usual recovery period for an injury or illness. It is a type of pain that can become a consistent part of one’s life, potentially affecting all aspects of their daily activities.

The causes of chronic pain can range from specific health conditions like arthritis and cancer to the aftermath of injuries or surgeries. In some instances, chronic pain may even exist without a clear past injury or identifiable physical cause, making management and treatment more challenging​​​​.

The psychological and emotional impact of chronic pain is significant and far-reaching. It can lead to a cycle of suffering, sleeplessness, and sadness, often referred to as the "terrible triad." The persistent nature of chronic pain can result in depression, anxiety, irritability, mood swings, and insomnia. This interconnection suggests that chronic pain is not only a physical experience but also a mental and emotional one, where each aspect can exacerbate the other​​​​.

Managing chronic pain often requires a multidisciplinary approach, integrating medical treatments with lifestyle changes and therapies to improve overall quality of life. Medications can include over-the-counter options, prescription pain medicines, antidepressants, and in some cases, opioids, although these carry the risk of addiction and are generally considered a last resort. Non-medical treatments like heat and cold therapies, physical and occupational therapy, exercise, and stress management techniques can be crucial components of a comprehensive pain management strategy​​.

In British Columbia, resources for chronic pain management include a variety of health care professionals and specialists, pain management programs, and therapies tailored to the individual’s needs. Cognitive-behavioral therapy (CBT), counseling, and alternative treatments like acupuncture, biofeedback, and mindfulness training can also be effective in managing chronic pain. It’s important for individuals to work closely with their healthcare providers to determine the best combination of treatments for their specific situation​​.

For those enduring chronic pain in British Columbia, connecting with experienced legal counsel, like Tim Louis, can be a critical step, especially when chronic pain affects one’s ability to work and live life fully. Legal expertise can guide you through the intricacies of long-term disability claims, ensuring that you receive the support and accommodations needed to manage your condition effectively.

The Basics of Long-Term Disability Claims

Long-term disability (LTD) in British Columbia is a crucial safety net for those who find themselves unable to work due to a prolonged or severe disability. Eligibility for LTD often hinges on having coverage under a group or private insurance policy, meeting the policy’s definition of "total disability," and having an impairment that persists beyond an elimination period, typically set at 17 weeks.

Distinguishing between the various disability benefits available in BC is essential:

  • CPP Disability: A federal program requiring prior contributions to the Canada Pension Plan, it supports those who can’t engage in substantially gainful work due to severe and prolonged disability.
  • EI Sickness Benefits: These are for individuals who have contributed to Employment Insurance and are unable to work due to illness, injury, or quarantine.
  • Private Disability Insurance: This can be through an employer group policy or a personal policy from an insurance broker, providing benefits based on the policy’s terms.
  • Disability Assistance (PWD): Administered provincially, this offers financial and health support for those with a severe and enduring impairment, with eligibility also contingent on financial need.
  • WorkSafe BC: Delivers benefits for work-related injuries or illnesses, providing wage replacement and medical treatment reimbursements.

Legal assistance in navigating these claims is paramount due to the complexity of determining which benefits you qualify for, the intricacies of application processes, and the need for robust medical evidence. Lawyers with experience in disability claims can help ensure that applications are properly filed, advocate for your rights if a claim is denied, and assist in maximizing the benefits received.

For a more detailed understanding of how to apply for these benefits and to ensure that you are meeting all eligibility criteria, it’s advisable to consult with a legal professional like Tim Louis, who can provide personalized advice and representation.

Making a Successful Disability Claim for Chronic Pain

The Challenges of Proving Chronic Pain fr Insurance Claims:
Proving chronic pain to an insurance company is inherently challenging due to the subjective nature of pain. Unlike objective injuries, where an X-ray or MRI can clearly indicate an issue, chronic pain does not always have such clear indicators. This lack of objective findings can make insurance companies deny claims.

Key Documentation and Credible Medical Evidence:
To strengthen a chronic pain claim, it is critical to compile comprehensive documentation. This should include a thorough medical history, treatment notes from healthcare providers, results from diagnostic tests, and detailed descriptions of how the pain affects daily activities. Consistent medical treatment records and a clear narrative from your healthcare professionals explaining the chronic nature of your pain can be very persuasive. A Functional Capacity Evaluation (FCE) may also be recommended to provide objective evidence of your limitations.

Tips for Maintaining Credibility and Following Doctor’s Advice:
Maintaining credibility is crucial when dealing with chronic pain claims. Always use prescribed medications as directed and avoid any behaviors that could be interpreted as drug-seeking. Adhering closely to the treatment plans and advice from your healthcare providers is essential. Documenting your pain levels, frequency, and its impact on your life through pain diaries or journals can add a layer of personal evidence that supports your claim.

Importance of Legal Assistance in Navigating Disability Claims

Legal expertise is invaluable when navigating the complexities of a disability claim, especially for conditions like chronic pain that are difficult to quantify. Tim Louis, who is experienced in disability claims, can provide guidance on the type of evidence needed, how to document your case effectively, and provide best strategies for communicating with insurance companies. He can also represent your legal interests if a claim is denied, helping to appeal decisions, and working to ensure that you receive the benefits you are entitled to.

For those dealing with chronic pain and considering a long-term disability claim, reach out to Tim Louis to get the necessary legal support and expertise to navigate this challenging process.

Fibromyalgia and Other Chronic Conditions

Individuals living with Fibromyalgia and similar chronic conditions face unique challenges when seeking disability benefits. Fibromyalgia is characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory, and mood issues. Because the condition lacks specific diagnostic tests, proving its existence and impact can be particularly arduous, with claimants often facing skepticism from insurers who demand objective evidence for what is largely a subjective experience.

How Tim Louis Law Assists Clients with These Specific Conditions:
Tim Louis understands the intricacies of chronic pain conditions like Fibromyalgia. His approach combines a deep familiarity with the medical aspects of such conditions and a strategic legal perspective to build a compelling case for their clients.

At Tim Louis Law, we guide clients in gathering comprehensive medical records, detailed statements from healthcare providers, and, when appropriate, expert opinions to substantiate the severity and legitimacy of their condition.

Working with WorkSafe BC and Other Agencies

Navigating WorkSafe BC disability claims can be complex, especially when chronic pain is work-related. Understanding the requirements for a successful claim with WorkSafe BC is crucial, as the organization has its protocols and procedures for handling such claims. Work-related chronic pain must be documented meticulously, with clear connections drawn between the workplace, the onset of the condition, and its persistence.

Coordination Between Different Agencies and Insurance Providers:

Coordination between various agencies and insurance providers is often necessary to ensure that all aspects of a claim are addressed comprehensively. Tim Louis Law is experienced in facilitating communication and negotiations between multiple parties, such as healthcare professionals, WorkSafe BC, private insurers, and other relevant entities. This coordination is critical to securing the most favorable outcome for their clients, ensuring that all available avenues for support and compensation are explored and utilized effectively.

Through his understanding of the system and strategic advocacy, Tim Louis aims to alleviate the burden on his clients, allowing them to focus on managing their health while the firm handles the complexities of their disability claims.

Next Steps and Legal Support

When facing the challenge of a disability claim, the path forward involves careful preparation and skilled legal support.

Before meeting with your lawyer, gather all relevant medical records, a detailed history of your condition, and any correspondence with your insurance provider. Document your symptoms, their frequency, and their impact on your daily life. Prepare a list of questions and concerns you may have about your disability claim and legal proceedings. This preparation will ensure that the consultation is as productive as possible.

The Process of Working with a Lawyer for Your Disability Claim

Working with lawyer Tim Louis typically involves an initial consultation, followed by an assessment of your case. He will advise you on the strength of your claim, the type of evidence needed, and the potential outcomes. Tim Louis will then work with you to develop a strategy, file the necessary paperwork, and represent your interests in all dealings with insurance companies and other parties.

Throughout the process, he will likely need to collaborate closely with medical professionals to substantiate your claim, negotiate with insurers, and, if necessary, represent you in legal proceedings. Tim Louis will always keep you informed of your claim’s progress and what steps are required at each stage.

To schedule a consultation or for more detailed information about how Tim Louis Law can assist you with your disability claim, call (607) 732-7678 or email Tim at timlouis@timlouislaw.com.

 

The Importance of Professional Legal Support

Chronic pain is challenging for those seeking recognition and support through disability claims. If you or a loved one are struggling with chronic pain and considering a long-term disability claim, don’t navigate these troubled waters alone. Tim Louis Law offers the support to get the long-term disability claims you deserve. Reach out for a consultation where your story is heard, your pain acknowledged, and your case handled with the care and expertise it warrants.

Take the first step towards the support you need today.

Contact Tim Louis Law

To discuss your case or for more information, contact Tim Louis & Company at:

  • Phone: (604) 732-7678
  • Email: timlouis@timlouislaw.com

Links to Relevant Resources and Further Reading:

For further reading and resources, visit:

Quick Facts about Chronic Pain and Disability Claims in BC:

  • Chronic pain is defined as pain lasting more than three months.
  • It is a major cause of long-term disability claims.
  • In BC, conditions like fibromyalgia, which contribute to chronic pain, require thorough medical documentation for claims.
  • Legal assistance can significantly improve the outcome of disability claims related to chronic pain.

Your Guide to Understanding Fibromyalgia and Securing Long-Term Disability Claims in British Columbia

fibromyalgia and long-term disability claims

Fibromyalgia in British Columbia: An Overview

Fibromyalgia, a chronic condition characterized by widespread pain, fatigue, and cognitive difficulties, affects numerous individuals, significantly impacting their quality of life. People in British Columbia who have this illness face daily challenges. They often seek understanding and help for the overwhelming pain and tiredness that controls their lives.

Identifying and Managing Fibromyalgia Symptoms

Living with Fibromyalgia means navigating through a myriad of symptoms that can fluctuate in intensity and impact daily activities.
There are a variety of symptoms, affecting the body, mind, and emotions. It presents challenges like widespread pain, stiffness, and extreme fatigue. Other indications include disrupted sleep, headaches, irritable bowel syndrome, and increased sensitivity to light, noise, and temperature. Those affected face a complex array of physical, cognitive, and emotional issues.

Managing symptoms often involves a combination of medical treatments, physical therapy, and lifestyle adaptations. British Columbia provides a range of resources to help individuals with pain management. These include clinics, support groups, and healthcare providers who specialize in this area.
These resources are valuable in creating a customized plan for managing pain. Using British Columbia’s clinics and support groups, people can reduce symptoms and connect with others who understand their experiences.

The Path to Fibromyalgia Diagnosis in British Columbia

Diagnosing Fibromyalgia can be a solitary process. It often requires the involvement of various healthcare professionals and multiple tests. These steps are necessary to eliminate the possibility of other illnesses.

In British Columbia, doctors need to do a thorough assessment and review medical history to diagnose the disease. Sometimes, they also do tests to rule out other possible causes of symptoms. Since this disease can look like other conditions, doctors check different possibilities before confirming the diagnosis.
Navigating through the healthcare system, from family doctors to specialists, involves being proactive and persistent. To receive a diagnosis and personalized management plan, it is crucial to advocate for your health. Additionally, keeping track of your symptoms and openly communicating with your healthcare team are important steps.

Causes and Types of Fibromyalgia Pain

The causes remain a topic of ongoing research and discussion within the medical community. We do not fully understand the cause of this condition. However, experts believe that a combination of genetic, environmental, and psychological factors may play a role in its development. Occasionally, individuals have observed stressful experiences, bodily injury, or even infections occurring before the appearance of indications.

Fibromyalgia causes pain in various ways, like muscle discomfort, stiffness, and sensitive spots that hurt when touched. The agony can be persistent or may intensify as a response to factors like stress, variations in weather, or physical exertion.

Treatment Options for Fibromyalgia in British Columbia

Fibromyalgia, a condition marked by widespread musculoskeletal pain and often accompanied by fatigue and sleep problems, can be difficult to handle. In BC, there are many ways to treat symptoms and improve the lives of those with this condition.

  • Medical Treatments: These may include prescription medications to manage pain, improve sleep quality, and address other symptoms. Doctors commonly use medications like pain relievers, antidepressants, and anti-seizure drugs.
  • Physical Therapy: Engaging in physical therapy can enhance your strength and stamina. Therapists may introduce exercises that can help manage pain and improve mobility.
  • Occupational Therapy: Occupational therapists can assist in adapting your work or home environments to reduce stress on your body. Some people use alternative treatments like acupuncture, massage, and yoga to relieve pain and improve physical function.
  • Support Groups: Connecting with others who are experiencing similar challenges can provide emotional support and practical insights.

Always consult with healthcare professionals to determine the most appropriate treatment plan for your individual needs and circumstances.

Navigating Fibromyalgia-Related Disability Claims in British Columbia

It can be difficult to get your insurance company to approve a disability claim in British Columbia, especially for conditions like Fibromyalgia. This is because the symptoms vary from person to person. To get proper support during this journey, it’s important to know your rights and the choices you have.

  • It is important to know your rights and entitlements under disability laws in British Columbia. This knowledge is crucial for receiving fair treatment and obtaining the necessary support.
  • Record your medical history, treatments, and how they affect your daily life to help with a disability claim.
  • Hiring a lawyer like Tim Louis can offer valuable help and advice. He is an expert in disability claims in British Columbia.
  • Appealing Decisions: If your claim is denied, understanding the appeal process and your rights during this time is crucial to ensuring that your case is adequately represented.

Secure your long-term disability claim with expert guidance. Consult with Tim Louis, your British Columbia long-term disability lawyer, today.

Secure your long-term disability claim with expert guidance. Contact Tim Louis, your British Columbia long-term disability lawyer, for a free legal consultation today.

How Tim Louis Champions Your Long-Term Disability Claim in British Columbia

Tim Louis and his team bring a wealth of experience and a compassionate approach to championing your disability claim in British Columbia, especially for those dealing with fibromyalgia. Here’s how Tim Louis can be your steadfast advocate:

  • In-depth Understanding: Tim Louis understands the intricacies and challenges of Fibromyalgia, providing a supportive and empathetic approach to your case.
  • Expert Legal Guidance: From filing your initial claim to appealing denials, Tim Louis provides expert legal guidance every step of the way, ensuring that your case is presented effectively.
  • Comprehensive Case Preparation: Through meticulous preparation and a comprehensive understanding of your case, Tim Louis ensures that your claim is thoroughly supported and advocated for.
  • Persistent Advocacy: Tim Louis persistently advocates for your rights, challenging any unfair decisions and ensuring that your case is represented with the utmost diligence.
  • Support and Communication: Keeping you informed and supported throughout the process, Tim Louis ensures that you are empowered with knowledge and understanding as your case progresses.

Ensure your disability claim is championed with diligence and expertise. Reach out to Tim Louis today and take a step towards securing the support you need.

FAQ

Yes, you can claim long-term disability benefits for Fibromyalgia in British Columbia. It’s crucial to consult with a skilled personal injury lawyer to help you seek appropriate disability benefits and navigate through the claim process effectively.
Insurance companies may deny Fibromyalgia disability claims due to reasons like insufficient medical documentation, skepticism about the severity of the condition, or claims that you have been improperly diagnosed. It’s vital to have comprehensive medical records and legal representation to challenge such denials.
A lawyer can assist by providing expert legal guidance throughout the claim process, helping gather necessary documentation, filing a properly completed claim, strengthening any subsequent appeals, and/or filing a lawsuit if your claim is wrongfully delayed or denied.
A long-term disability lawyer provides expert legal guidance, helps in filing your initial claim, appeals denials, and ensures that your case is presented effectively with comprehensive preparation and robust support throughout the process.
Contact Tim Louis

Further Reading Section

Understanding Fibromyalgia

Fibromyalgia: Overview and Symptoms – Mayo Clinic
A comprehensive guide explaining the symptoms, causes, and diagnosis of fibromyalgia.

Fibromyalgia: What You Need to Know – WebMD
An overview of fibromyalgia, discussing its symptoms, diagnosis, and treatment options.

Fibromyalgia: Causes, Symptoms, and Treatment – Healthline
Detailed information about fibromyalgia, including potential causes and various treatment approaches.

Support Groups and Forums

Fibromyalgia Support Group – My Fibro Team
A social network and online support group for those living with fibromyalgia.

Fibromyalgia Forum – Fibromyalgia Forums
An online forum where individuals with fibromyalgia can connect, share experiences, and offer support.

Fibromyalgia Support Community – Daily Strength
A platform offering support through forums and discussions for those dealing with fibromyalgia.

Fibromyalgia in British Columbia
Fibromyalgia – British Columbia Support – BC Fibromyalgia Society
A society in British Columbia offering resources, support, and information related to fibromyalgia.

Pain BC: Fibromyalgia Resources – Pain BC
A resource offering support and pain management strategies for individuals in British Columbia.

Legal Assistance and Disability Claims in British Columbia

Disability Alliance BC – Disability Alliance BC
An organization offering support and advocacy for people with disabilities in British Columbia.

Community Legal Assistance Society (CLAS) – CLAS BC
A legal assistance society in BC providing legal help, particularly in issues related to social justice.

Fibromyalgia and Long-term Disability Claims – Tim Louis Law
A page offering insights into fibromyalgia and how Tim Louis Law can assist with related disability claims.

Research and Studies on Fibromyalgia

Fibromyalgia: Research and Studies – National Fibromyalgia Association
An association providing the latest research and resources related to fibromyalgia.

Fibromyalgia: Research and Progress – Fibromyalgia News Today
A news platform offering the latest research, studies, and news related to fibromyalgia.

Managing Fibromyalgia: Lifestyle and Coping Strategies

Living with Fibromyalgia – Arthritis Society
A Canadian resource offering insights into living with fibromyalgia and managing symptoms.

Fibromyalgia: Self-care Tips – Medical News Today
Tips and strategies for self-care and managing the symptoms of fibromyalgia.

These resources provide a wealth of information on fibromyalgia, offering support, legal guidance, and strategies for managing life, particularly focusing on resources available in British Columbia and Canada. Always consult healthcare professionals and legal experts for personalized advice and guidance.

Tim Louis: Your Trusted Long-Term Disability Lawyer in Vancouver, BC

long-term disability

Tim Louis: Your Trusted Long-Term Disability Lawyer in Vancouver, BC

By Tim Louis
Tim Louis is a seasoned long-term disability lawyer with over 38 years of experience based in Vancouver, BC. Recognized for his expertise and commitment, he has been honored with awards such as the Harry Rankin QC Pro Bono Award.

Making Sense of Long-Term Disability Claims

Long-term disability claims can often feel so difficult, full of complexities and legal jargon that they can leave you feeling lost and overwhelmed. Just as important, if the claim is made incorrectly, it may give your insurance company grounds to deny it. It’s a journey that requires not just legal expertise, but a compassionate guide who understands the emotional toll it takes. That’s where I come in. I’m Tim Louis, an award-winning lawyer specializing in long-term disability cases. Although based in in Vancouver, I have successfully represented dozens of LTD clients throughout the province. The internet and Zoom make this effortlessly possible.

Why Picking the Right Lawyer Matters

This isn’t just about paperwork. It’s about your life, your well-being, and making a claim that has the highest possibility of being successful. That’s why having the right lawyer is so important. With BC Lawyer Tim Louis on your side, you’re not just another case. You’re a person who deserves fair treatment. Let’s dive into the details of long-term disability claims and help you figure out how to get through it.

Choosing the Right Representation: Why Expertise Matters

Navigating the maze of long-term disability claims isn’t something you should do alone. The stakes are high, and the process is filled with legal jargon, complex procedures and questions that look innocent on their face but are designed to illicit answers that result in your claim being denied. That’s why the expertise, experience, and specialization of your lawyer can make or break your case.

Tim Louis: A Legacy of 38+ Years in Long-Term Disability

I’ve been in this field for 38+ years, and I’ve seen it all. From denied claims to complicated appeals, my team and I have successfully tackled a wide range of long-term disability cases. Long-term disability claims are a big part of what we do, and we’re very successful at ensuring people get the financial support they deserve.

When you’re dealing with something as life changing as a long-term disability, you don’t want just any lawyer. You want someone who knows this area of law inside and out. That’s what you get when you choose to work with me and my team. We’re not just here to file paperwork; we’re here to fight for you.

Understanding Policy Conditions

Navigating the conditions of a disability insurance policy can be a daunting task, especially when you’re already grappling with a debilitating condition that makes it impossible for you to work. In British Columbia, the rules governing long-term disability claims are intricate, and a single misstep can jeopardize your chances of receiving the benefits you so desperately need.

This is where the expertise of Tim Louis comes into play. With 38 years of experience in the field of long-term disability law, Tim has an in-depth understanding of BC’s complex legal landscape. He’s well-versed in the nuances of disability insurance policies and the provincial laws that govern them. Whether it’s interpreting the fine print of your policy or advising you on the medical documentation required under BC law, Tim Louis can guide you through every step of the process.

His expertise doesn’t just stop at understanding the law; it extends to applying this knowledge in a way that maximizes your chances of a successful claim. Tim Louis’s familiarity with BC’s long-term disability laws and policies gives him the unique ability to anticipate potential roadblocks and strategize accordingly. This can be invaluable in a system where the odds can often seem stacked against you.

With Tim Louis by your side, you’ll have a seasoned advocate who can help you navigate the complexities of BC’s long-term disability laws, ensuring that you receive the benefits you rightfully deserve.

Countering Insurance Company Tactics

Insurance companies are in the business of minimizing payouts, and they often employ a variety of tactics to deny or reduce long-term disability claims. Some of these tactics include disputing the severity of your condition, requiring excessive medical documentation, or even employing surveillance to question the validity of your claim. In some instances, they might offer a quick, low-ball settlement in the hopes that you’ll accept it out of desperation or lack of knowledge.

Tim Louis has seen it all. His decades of experience in long-term disability law equip him with the skills to effectively counter these tactics. He knows how to challenge the insurance company’s assessments and can guide you in gathering the medical evidence needed to strengthen your case. He is also adept at negotiating with insurance companies, ensuring that you receive a fair settlement that truly reflects your needs and circumstances. His deep understanding of the insurance industry’s tactics allows him to advocate for you in a way that levels the playing field, turning the tables in your favor.

Types of Disability Claims

Disability claims are not one-size-fits-all. They can range from ‘invisible illnesses’ like depression and anxiety to more physically manifest conditions like chronic pain or heart disease. Each type of claim has its own set of challenges and requirements, making it crucial to have a lawyer who understands these nuances.

Tim Louis’s firm specializes in handling a diverse range of disability claims. Whether you’re dealing with a mental health issue like depression or a chronic condition that leaves you unable to work, Tim Louis has the expertise to guide you through the claims process. His firm has successfully represented clients with a variety of conditions, ensuring that they receive the benefits they are entitled to under BC law.

The diversity of claims that Tim Louis handles is a testament to his comprehensive understanding of disability law. It also reflects his commitment to advocating for all individuals, regardless of the nature of their disability. With Tim Louis, you’re not just getting a lawyer; you’re getting a dedicated advocate who will stand by you, no matter how complex your case may be.

Legal Action vs. Resolution

When it comes to long-term disability claims, there are generally two avenues for resolution: negotiation or legal action. While negotiation is often the first step, sometimes taking legal action becomes unavoidable. Tim Louis excels in both arenas. His negotiation skills are unparalleled, often resulting in favorable settlements without the need for court intervention. However, when legal action is necessary, Tim Louis’s courtroom prowess comes into play. His track record of successful litigation speaks volumes about his capabilities. Whether it’s through negotiation or in the courtroom, Tim Louis is committed to getting you the benefits you deserve.

Bridging the Gap Between Expectation and Reality

Navigating the maze of long-term disability claims often comes with a set of preconceived notions. While you might think that a valid medical diagnosis is a guarantee to benefits, the actual process is far more complicated. Tim Louis prides himself on offering his clients a transparent and realistic outlook on their cases. He walks you through the potential hurdles and likely outcomes, ensuring you’re mentally and emotionally prepared for the journey ahead. This grounded approach minimizes stress and eliminates surprises, setting you up for a more manageable claims experience.

Prioritizing the Client in Every Aspect

When it comes to long-term disability claims, a one-size-fits-all approach simply won’t cut it. Tim Louis has built his practice on the fundamental principle of client satisfaction. Recognizing that each client comes with a unique set of circumstances and challenges, he tailors his approach to meet these individual needs. From the first meeting to the final resolution, Tim Louis is not just focused on winning your case; he’s dedicated to making the entire process as seamless and stress-free as possible for you. This client-centric philosophy ensures that you’re treated not just as another file, but as a respected individual deserving of personalized attention and care.

Crafting a Robust Case: The Holistic Approach

When it comes to building a compelling long-term disability claim, understanding the client’s entire ecosystem is crucial. This includes not just the client but also their family, caregivers, and medical professionals involved in their care. Tim Louis goes beyond the surface to dig deep into these relationships and dynamics. His firm takes the time to build comprehensive cases that consider every angle, every piece of evidence, and every testimony. This meticulous approach ensures that when your case is presented, it’s unassailable, leaving no room for doubt about your eligibility for benefits.

The Weight of Experience and Community Recognition

In the legal world, experience isn’t just a resume filler; it’s a testament to a lawyer’s capabilities and reputation. Tim Louis brings to the table 38+ years of specialized experience in long-term disability law. But it’s not just the years that count; it’s also the recognition from the legal community. Tim Louis has been honored with awards such as the Harry Rankin QC Pro Bono Award, acknowledging his commitment to providing exceptional legal service. When you choose Tim Louis, you’re not just getting a lawyer; you’re securing representation that is both highly experienced and widely respected in the legal community. This dual advantage amplifies the strength of your case, providing you with the best possible chance for a favorable outcome.

Get the long-term disability benefits you deserve

Navigating the complex world of long-term disability claims can be a daunting task. From understanding the complexities of insurance laws to countering the tactics employed by insurance companies, the challenges are many. Add to this the need for setting realistic expectations and adopting a client-focused approach, and it’s clear that you need an expert navigator. That’s where Tim Louis comes in. With 38+ years of specialized experience, a comprehensive approach to case building, and a client-focused ethos, Tim Louis is not just a lawyer; he’s your advocate, your guide, and your best chance at securing the benefits you rightfully deserve.

If you’re in British Columbia, and are struggling with a long-term disability claim, don’t navigate this stressful journey alone. Reach out to BC lawyer Tim Louis in Vancouver. His expertise, recognition, and unwavering commitment to his clients make him the go-to choice for all your long-term disability needs.

Don’t let the complexities of the legal system deter you. Take the first step towards securing your future and getting the benefits you deserve. Contact Tim Louis today at (604) 732-7678 or email timlouis@timlouislaw.com. Your path to justice starts here.

Frequently Asked Questions

Long-term disability typically refers to a medical condition that prevents you from performing the essential duties of your job for an extended period. This can include both physical and mental health conditions.
The first step is to consult your insurance policy to understand the eligibility criteria and required documentation. Then, submit a claim form along with medical records and any other required documents.
Yes, claims can be denied for various reasons, such as insufficient medical evidence or failure to meet the policy’s criteria. It’s crucial to consult a specialized lawyer like Tim Louis to navigate the appeals process.
A lawyer can guide you through the complexities of the claims process, help you gather necessary documentation, and represent you in appeals or legal proceedings, increasing your chances of a successful claim.
The duration of benefits varies according to your insurance policy and could range from a few years to until retirement age in some cases.
This depends on your insurance policy and other programs you may be enrolled in. Some policies may have clauses that offset your benefits if you’re receiving other forms of income.
Common reasons include lack of medical evidence, discrepancies in the information provided, or not meeting the definition of disability as per your insurance policy.
Yes, you can appeal a denied claim. The process usually involves submitting additional documentation and may require legal representation for the best outcome.
With decades of experience, Tim Louis has extensive knowledge of BC’s insurance laws and specializes in helping clients navigate the complexities of long-term disability claims.
You can reach Tim Louis at (604) 732-7678 or via email at timlouis@timlouislaw.com for a comprehensive consultation on your long-term disability case.

Further Reading

  1. Long Term Disability Plan Regulation – BC Laws:
  2. Regular full-time employees are covered by the Long-Term Disability Plan upon completion of six months of active employment with the employer. Read more

  3. Long Term Disability Plan for B.C. government employees:
  4. Regular employees can qualify for long-term disability if they work in a position that’s at least half-time, have 6 months of active service, and have completed 6 months of Short Term Illness and Injury Plan (STIIP) benefits. Read more

  5. Long-term disability denied in British Columbia? 3 things to do:
  6. Most British Columbians, whether working for an employer or self-employed, have long-term disability coverage. Read more

  7. Long-Term Disability Claims in British Columbia: Know Your Rights and Protect Your Interests
  8. This article delves into the rights you have when filing a long-term disability claim in BC, offering valuable insights into the legal landscape.

  9. Long-Term Disability in BC
  10. A comprehensive guide that covers the basics of long-term disability in British Columbia, helping you understand what to expect.

  11. Long-Term Disability for Anxiety and Depression
  12. This piece focuses on mental health conditions like anxiety and depression, explaining how they can qualify for long-term disability benefits.

  13. Chronic Fatigue Syndrome and Long-Term Disability
  14. Learn how chronic conditions like Chronic Fatigue Syndrome can affect your eligibility for long-term disability benefits.

  15. Specific Health Concerns and Long-Term Disability in BC
  16. A government resource that provides information on how specific health concerns are treated in the context of long-term disability.

  17. Rights and Responsibilities: Reconsideration and Appeals
  18. This BC government page outlines the process for appealing a denied claim, offering a step-by-step guide to help you understand your rights and responsibilities.

Long Term Disability BC

Maximizing Your Benefits: Why You Need a Long-Term Disability Lawyer in Vancouver

If you are dealing with a long-term disability in BC, it can be challenging to know how to navigate the legal landscape. You may be entitled to benefits from your employer, insurance companies, or government programs like the Canada Pension Plan and Persons with Disabilities. However, understanding these benefits and how to apply for them can be complex. In this blog post, we explore what long-term disability is, the types of benefits available, and how to apply for them. Additionally, we address common questions like how long you can be on disability in BC and whether your employer can terminate you while you’re on long-term disability. If you’ve been denied benefits, we also explain why insurance companies deny claims and the benefits of hiring a long-term disability lawyer to help you navigate the legal process.

Long-Term Disability BC

What is Long -Term Disability?

Many employers will provide their employees with long-term disability insurance coverage. Usually, this coverage is obtained by the employer from an insurance company. Each insurance company will have its own insurance policy. The policy will define long-term disability. In most long-term disability insurance policies, there are two types of disability – short-term and long-term. To be eligible for long-term disability, you must be unable to work for longer than the short-term benefits last. Typically, but not always, this is 17 weeks.

Once your short-term disability benefits come to an end, you are eligible for long-term disability benefits so long as you are unable to work in your own occupation. You are eligible for long-term disability benefits even if there are other occupations you can work as. However, this situation changes at the 2-year mark. Even if you remain unable to work at your own occupation for 2 years, your long-term disability benefits will come to an end unless you are unable to work at any occupation for which you are suited based on your education and experience. This 2-year mark is quite often referred to as the “own occ-any occ” transition.

What illnesses legally qualify for long-term disability?

Unless your long-term disability insurance policy specifically excludes named disabilities or illnesses, all qualify for long-term disability insurance benefits so long as you are unable to work at your own occupation for first 2 years and thereafter you are unable to work any occupation. It is very important that your family doctor is prepared to stand behind you. This means that they are willing to give evidence at trial. Under the rules of court, they are only permitted to give evidence at trial if they provide your lawyer with a Medical Legal Report (MLR) and your lawyer serves this report on the insurance company’s lawyer no later than 84 days prior to your trial.

It usually does not matter what type of illness or injury you suffer from. So long as you have the necessary medical evidence to prove that you are unable to work, you qualify for long-term disability benefits.

It is important to remember that your long-term disability benefits are not taxable if you were paying the premium yourself. If your employer was paying the premiums, then your long-term disability benefits are taxable. For this reason, most employees will want to pay all long-term disability insurance premiums themselves.

Understanding the Different Types of Benefits for Long-Term Disability
in Vancouver BC

  1. LTD Insurance

    Long-term disability insurance benefits are just one type of income a disabled worker may be entitled to. However, in almost all cases, these benefits are far superior than all other types of disability benefits. Your long-term disability benefits will typically be 66% of your pre-disability gross income. Given the fact that these benefits are not taxable so long as you are paying the premiums yourself, your long-term disability will be very close, if not equivalent, to what you were earning net of taxes prior your disability.

  2. CPP

    The Canada Pension Plan offers not just retirement benefits, but also disability benefits. There is no minimum age requirement for Canada Pension Plan Disability (CPP-D) benefits.

    You are qualified to receive the CPP-D benefits if you: • are under 65 • have contributed enough to the Canada Pension Plan • have a mental or physical disability that regularly stops you from doing any type of substantially gainful work • have a disability that is long-term and of indefinite duration, or is likely to result in death

    If you are eligible for long-term disability benefits, you will almost certainly also be eligible for Canada Pension Plan Disability benefits (CPP-D). Unfortunately, almost all long-term disability insurance policies make it a requirement that you apply for CPP-D. The policy will also say that all CPP-D benefits you receive are deducted dollar for dollar from your long-term disability benefits.

    Caution – do not be lulled into failing to apply for CPP-D knowing that it will not be money in your pocket, but only in the pocket of your insurance company. If you fail to apply for CPP-D, the insurance company will deduct from your long-term disability insurance benefits an amount equivalent to the CPP-D you would have received had you applied.

    There is no asset limit that would prevent eligibility. Your assets will not disentitle you.

  3. PWD

    In British Columbia, the provincial government provide a form of income assistance referred to as “Persons with Disabilities” (PWD). As distinct from CPP-D above, if your assets exceed $100,000, not including your home or your vehicle, you are not eligible for PWD benefits. Even worse, these benefits are not tied to any income you may have previously been earning. Instead, the provincial government arbitrarily sets the amount.

    For example, you could get up to:

    • $1,358.50 if you are single
    • $2,423.50 if you and your spouse have Persons with Disabilities designation and have no children
    • $1,703.50 if you are a single parent with one child
    • $2,143.50 if you or your spouse have Persons with Disabilities designation and one child

    If you are receiving long-term disability benefits, you are not eligible for PWD. If you are receiving CPP-D, it will be deducted dollar for dollar from your PWD.

  4. WorkSafe

    WorkSafe benefits are only payable if you are unable to work due to an injury you suffered while working. WorkSafe benefits are not taxable. If you are curious about how much you may be eligible to receive, please see this page for more information.

  5. Disability Tax Credit

    The disability tax credit (DTC) is a non-refundable tax credit that helps you, or your supporting family member, reduce the amount of income tax they may have to pay.

    If you have a severe and prolonged impairment, you may apply for the credit. If you are approved, you may claim the credit at tax time.

    By reducing the amount of income tax you may have to pay, the DTC aims to offset some of the extra costs related to the impairment.

    You may be eligible for the Disability Tax Credit if a medical practitioner certifies that you have a severe and prolonged impairment in 1 of the specified categories, significant limitations in 2 or more of the specified categories, or receive therapy to support a vital function. To learn more about these categories and your potential eligibility, please see this page.

How to apply for Long-Term Disability Benefits?

Your employer will have a specified process for applying for long-term disability benefits. Typically, your employer will provide you with the application form. Separately, your employer must fill out a form and send it to the insurance company. Finally, you must have your family doctor fill out and provide a form called an Attending Physician’s Statement (APS). The APS is sent directly to the insurance company by your doctor.

I would strongly recommend that you ask your doctor if you could work on the APS together. You do not want the APS to contradict what you are saying in your application form. Most doctors will be very agreeable to this reasonable request.

Why do insurance companies deny claims?

There can be several reasons why insurance companies deny long-term disability claims.

It’s important to note that insurance companies have a financial incentive to deny claims, as it saves them money. However, if a claim has been denied, it is possible to appeal the decision and pursue legal action if necessary.

In my opinion, insurance companies always put the interests of their shareholders ahead of the interests of people making claims.

Why hire a long-term disability lawyer?

Long-term disability insurance companies do not like lawyers. They do not like being held accountable. They do not like the threat of going to court. Over my many decades of practice, I have had many cases where the insurance company flatly denied my clients claim for long-term disability benefits. Then, after my client hired me and I started a lawsuit, they do an about face and pay the claim. If your claim for long-term disability benefits has been denied, I would strongly urge you to hire a lawyer familiar with suing long-term disability insurance companies.

How long can you be on disability in BC?

So long as you remain unable to work, either at your own occupation for the first two years or at any occupation thereafter, you remain eligible for long-term disability benefits until you are 65 years of age.

Can you terminate an employee on long term disability in BC?

Unfortunately, the answer is yes. An employer is entitled to terminate an employee if there is no reasonable prospect of a foreseeable return to work. If your employer is considering terminating you, you may wish to obtain a letter from your doctor providing an estimated return to work date. The downside to this letter is that your insurance company may then use it to terminate benefits if you fail to return to work by that date.

People Also Ask

What is the difference between short-term and long-term disability insurance?

Far far away, behind the word Mountains far from the countries Vokalia and Consonantia, there live the blind texts. Separated they live in Bookmark

What is CPP-D and who is eligible for it?

Canada Pension Plan Disability (CPP-D) benefits are offered by the Canada Pension Plan and are available to anyone under the age of 65 who has contributed enough to the Canada Pension Plan and has a mental or physical disability that regularly stops them from doing any type of substantially gainful work. The disability must be long-term and of indefinite duration, or is likely to result in death.

Are long-term disability benefits taxable?

Long-term disability benefits are not taxable if you were paying the premium yourself. However, if your employer was paying the premiums, then your long-term disability benefits are taxable.

Why would someone need to hire a long-term disability lawyer?

If a claim for long-term disability benefits has been denied, it may be helpful to hire a lawyer familiar with suing long-term disability insurance companies. Insurance companies may put their interests ahead of those making claims, and a lawyer can help hold them accountable and work towards getting the benefits deserved.

Experienced Long-Term Disability Lawyer in Vancouver, BC – Tim Louis

Looking for a long-term disability lawyer in Vancouver, BC? Tim Louis can help. With over 40 years of experience, Tim Louis provides personalized and compassionate legal guidance to clients dealing with long-term disabilities. From filing claims to appealing denied claims, he has a track record of success in achieving positive outcomes for his clients. Contact us to learn more about how we can help you with your long-term disability case in Vancouver.

Further Reading

BC Lawyer Tim Louis

Tim Louis Award for Pro Bono Service

BC Lawyer Tim Louis

Many people ask me why I became a lawyer. It all begins in the late 1970s. I was a student and a concerned about the lack of transportation for folks like me that could not access the public transit system. In those days, buses were not accessible – they did not have fold down ramps. I began lobbying Vancouver City Council to create what we now call HandyDART.

One city councilor, Harry Rankin, stood head and shoulders above all the others. His ability to stand up for the “underdog” was something to be seen. He was also a lawyer, and planted the seed in my mind – could I become a lawyer who committed himself to doing what Harry did?

A few years later – 1980, Harry wrote the letter that got me admitted to UBC’s School of Law. In 1983, Harry hired me as his articling law student. In 1999, I was elected to Vancouver City Council as a member of the party he founded – COPE.

I love being a lawyer. Fighting for justice inspires me. Winning cases that at first blush seem unwinnable gives me life. The last 38 years have been absolutely incredible and I hope to write a book soon about a number of my most exciting cases. Harry wrote a book – Rankin’s Law.

If you are ever interested in learning a bit more about the man responsible for who I am today, take a look at “The Rankin File: Legacy of a Radical”.

Disability Lawyer Vancouver BC

Many employers will provide Long Term Disability coverage for their employees. If an employee with LTD coverage becomes unable to work, they are entitled to LTD benefits. Typically, an insurance company collects the premiums every month that the employee is working and then pays the employee when they become disabled. In some cases, the employer will self-insure.

A self-insured employer collects the premiums and makes all LTD payments. One more important thing to be aware of – if the employee pays the premiums every month, any future disability benefits will be tax-free. If on the other hand, the employer pays the premiums every month, then any future disability benefits will be taxable.

I act for individuals denied their long term disability benefits no matter what the cause of their disability. If you are unable to work, and you have been denied long term disability benefits, I will act for you no matter what the cause of your disability.

Since 1984, I have acted for individuals unable to work as a result of many different causes. People with chronic fatigue syndrome, fibromyalgia and mental illness are just a few of the wide array of cases I take on.

Why hire a disability lawyer?

I am frequently asked – why hire a disability lawyer? The answer is very clear. Without a lawyer, you are at a significant disadvantage when dealing with your insurance company. There is a power imbalance between you and the insurance company’s representative.

Your insurance company will send you to a medical expert of their choosing. Typically this medical expert will be biased against you. When you hire a lawyer, everything changes. All communication must go through your lawyer. Your lawyer will refer you to one or more medical experts so that if your case goes to court, the judge will have medical expert reports from both sides.

What to do if you have been denied benefits

If you have been denied long term disability benefits, or if your long term disability benefits have been terminated, you should see a lawyer immediately. Some individuals are fooled by their insurance company’s invitation to appeal the denial or termination.

These appeals are all dealt with by the insurance company’s own staff. Almost all appeals are unsuccessful. The longer the appeal process takes, the longer it takes to start a lawsuit. The longer it takes to start a lawsuit, the longer it takes to get a trial date. Even worse, if you allow the appeal process to drag on for more than 2 years without starting your lawsuit, your case is finished. You are not allowed to sue more than 2 years after a denial or termination.

Why hire Tim Louis if your insurance claims have been denied?

I have almost 40 years of experience fighting insurance companies on behalf of disabled individuals. Insurance companies do not like me. I recognize that many people are fearful of going to trial, so I always aim to get my client what they would likely receive at trial in an out of court settlement instead. One of the best ways to decide whether or not a lawyer is the right lawyer for you, is to look at their online reviews. I am very proud of the over 100 online reviews I have received that have given me a 4.9 star rating. I only get paid if we are successful.

Personal Injury Claim

Personal Injury Lawyer Vancouver BC

If you have been injured as a result of someone else’s or a corporation’s fault, you are entitled to compensation for not just your pain and suffering, but also your lost income, including income you will lose in the future. You must start your lawsuit within 2 years of suffering your injury. If you fail to do so, your lawsuit is out of time. Many people are unaware of the fact that if they wish to sue a municipality, say for a trip and fall on a municipal sidewalk, there is a special requirement that they must serve the city clerk with written notice setting out the general details of what happened, including where and when. This written notice must be served on the city clerk within 60 days of the injury.

I have acted for individuals suffering from all types of personal injuries including slip and fall, dog bite(s) and burns. Many of my slip and fall cases occur inside retail establishments where my client slips on water or produce. I have acted for clients who have suffered very serious dog bites. Injury from burns may occur in a restaurant where boiling water or other liquid(s) is accidentally poured on my client. I have acted for individuals who were burned by the hot water coming out of their residential tap as a result of the landlord setting the hot water tank at too high a temperature.

When to hire a personal injury lawyer?

If you have suffered a personal injury, you should hire a lawyer, specifically one with a proven track record. In most cases, the party responsible for your injury will have insurance. The insurance company will assign an adjustor to your case, whose specialty is reducing the amount of money you receive. A lawyer will level the playing field.

What to do if you have been injured?

If you have been injured, and the party at fault has insurance, you should not talk to anyone from the insurance company. Instead, you should hire a lawyer with a proven track record. You should keep track of all of your out of pocket expenses, including medical expenses. If, due to injury, you are unable to apply for a job you had been planning on applying for, you should keep a record of the name of the potential employer and what the pay would have been. You should see your family doctor on a regular basis, so that there is a record of your symptoms in your medical file.

Why hire Tim Louis?

As my over 140 online reviews confirm, I get results, while at the same time providing accessible client-centered legal representation. I have been acting for injured individuals for almost 40 years. I am known for moving my client’s file along without unnecessary delays. As many clients are reluctant to go all the way to trial, my goal, whenever possible, is to get my client an out of court settlement equal to what they would have achieved at trial.

Wrongful Termination or dismissal

Employment law in BC – Tim Louis

Most employees are governed by provincial legislation. However, employees working in industries that are federally regulated such as airlines and banks, are governed by federal legislation. If you have been terminated without adequate notice by your employer, then you are entitled to compensation unless your employer had just cause for the termination. Theft, chronic tardiness, and insubordination are a few examples that would give an employer just cause to terminate without notice.

If your employer terminates you alleging they have just cause, that does not necessarily mean that they do. I have acted for many clients whose employer terminated them alleging just cause, but I was able to demonstrate that the ‘just cause’ did not actually exist. If you sue your employer for termination without cause, then you may be entitled to pay in lieu of notice in the range of 4-5 months of pay per year of employment.

When to hire an employment lawyer?

If you have questions about any of the above areas, then you are better off hiring an employment lawyer who will provide you with the legal advice you need to make informed decisions. Most employers know much more about employment law than their employees. When the employee hires a lawyer, the employee is no longer at a disadvantage.

Why work with employment lawyer Tim Louis?

I have almost 40 years of experience representing employees. I never act for the employer. I have a proven track record of winning victories for my clients. Clients that want to hire me on a percentage basis know that they will only pay me if I win for them.

BC Lawyer TIm Louis

Estate Litigation Law in BC

The Wills, Estates and Succession Act (WESA) came into force in 2009 replacing the Wills Variation Act. WESA gives any child, including an adult child, and the spouse of a deceased person the right to apply to court to vary the will of the deceased person. The court will look at many factors, including the size of the estate and the financial situation of the applicant.

I have acted for minor children, adult children, and the spouse of a deceased person who left a will that did not make adequate provision for my client. I have also acted for individuals named in an earlier will, but not named in the deceased’s last will where the deceased person did not have the mental capacity to make the last will.

When to hire an estate litigation lawyer

If your parent or spouse has passed away and you feel that they do not make adequate provision for you in their will, you should see a lawyer immediately. You may have a very strong case on an application to court to have the deceased’s will varied. You should also see a lawyer immediately if you were named in an earlier will but the deceased did not put you in the current will, and you feel the deceased lacked the mental capacity to make the last will.

Why work with Tim Louis?

I have almost 40 years of experience helping the disinherited contest wills and transfers – and win. As my countless online reviews will attest, I provide the very best client-focused service.

Tim Louis Law Testimonials and Google Reviews

Vancouver Lawyer Tim Louis

When to contact a lawyer?

If you have a legal concern, it almost always pays to consult a lawyer. Most lawyers will provide the initial consultation for free, or for a very low fee. This is well worth the investment as you may fail to exercise your rights without getting legal advice.

The benefits of working with a trial lawyer

Managing a lawsuit all the way up to, and if necessary trial, is a complex matter. The rules of court are complex. A trial lawyer knows how to properly prepare your case. This actually reduces the likelihood of the matter going to trial, as the other side sees how well prepared you are. If it does go to trial, your case will be properly presented to the judge.

First steps? Free consultation

Your first step is to find a lawyer experienced in your area of law. You might try talking to friends or acquaintances. Many people looking for a good lawyer will choose instead to do an online search, which will give a much wider list of potential lawyers. It will also provide an opportunity to read about the lawyer on their website. Finally, it will provide an opportunity to read online reviews.

Many lawyers will offer free consultations. Some individuals looking to hire a lawyer will choose to interview two or three lawyers before choosing the one they are most comfortable with.

Contact Tim Louis

If you are looking for the advice of an experienced lawyer, call me. I have been practicing law for almost 40 years, and I have the results to show why I’ve been in the business for so long.

My law firm phone number is 604-732-7678.

My cell is 778-855-3494.

Chronic Fatigue Syndrome

chronic fatigue syndrome

Chronic Fatigue Syndrome and Long-Term Disability

by Tim Louis

Chronic Fatigue Syndrome is considered by some to be an orphan illness. This is because there is no cure for the disease and because there is no accepted medical test to diagnose it. In fact, many doctors do not recognize it. However, for the individuals suffering this debilitating condition, it is very real. Even what they call it is in dispute. Most patients prefer “myalgic encephalomyelitis,” or ME. However, the medical literature uses “chronic fatigue”.

Chronic Fatigue Syndrome is profoundly disabling. It renders individuals unable to get out of bed for days at a time. Sleep is no longer ever refreshing. It also strikes very quickly – one day the individual is healthy, and the next day the individual wakes up with the sensation of a bad flu. However, the “flu” never goes away. In some cases, it is so disabling as to paralyze a limb or even cause temporary blindness.

It is not unusual for individuals to believe they are going crazy when they first get Chronic Fatigue Syndrome.

Figures for Canada are not available, but it is thought that CFS afflicts between 836,000 and 2.5 million Americans.

For many years, a number of doctors believed the disease was all in the patient’s head.

Chronic Fatigue Syndrome – Denied Long-Term Disability Benefits?

I have represented many individuals suffering from Chronic Fatigue Syndrome. When denied the Long Term Disability Benefits they are entitled to, they hire me to sue their insurance company. One thing I noticed is that “good days” were always followed by “bad days”. In fact, because the “good day” was a gift from heaven, my client would do everything she or he wanted to do on that day. The sad result is that they would then be much much worse the following day. The trick was to always limit their activities on “good days” to half of what they felt they could do. This would result in a much better day the following day.

Long-Term Disability Benefits for Chronic Fatigue Syndrome Denied?

Long Term Disability insurance companies typically reject applications from CFS patients because the patient is unable to objectively prove the presence of the condition. I address this problem head on. I rely on witnesses who give evidence as to my client’s day to day activities. If my client has witnesses that confirm an inability to get out of bed for days on end and an inability to carry on a normal life, then my client’s lawsuit is much stronger.

I also warn all of my Chronic Fatigue Syndrome long-term disability clients that their insurance company will almost certainly hire a private investigator to capture them on video on a “good day”. Insurance companies think this will be devastating at trial. However, as I mentioned above, witnesses who give evidence that my client simply has good days and bad days, will usually outweigh the video evidence.

I have encountered this many times, representing Chronic Fatigue Syndrome long-term disability clients. In one case, one year into the lawsuit, the insurance company hired an actress to knock on my client’s door. When he opened the door, she told him that her car has stalled in front of his house. He willingly agreed to her request that he push her car out of the way. Unbeknownst to my client, all of this was captured on video by the private investigator. Fortunately my client’s landlord was an RCMP officer who was witness to the fact that my client literally spent days on end in bed. The case settled out of court with the insurance company paying my client over $300,000.

If you have Chronic Fatigue Syndrome and your Long-Term Disability insurance company has denied you the benefits you are entitled to, call me for a free initial consultation. I have been suing Long Term Disability insurance companies for over three decades.

Learn More about Chronic Fatigue Syndrome

What is Chronic Fatigue Syndrome?

What is myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS)?

Chronic fatigue syndrome and fibromyalgia in Canada

 

 

Long-Term Disability Claim


Long-Term Disability Claim

by Tim Louis

Long-term disability insurance is designed to protect you in the event of serious injury or illness. If your psychological or physical condition prevents you from being able to work, the insurance company should pay out a monthly benefit. This is designed to provide some financial support for your care and treatment.
Long-Term Disability Claim

However, Insurance Companies Deny Long-Term Disability Claims

Unfortunately, the reality is that insurance companies deny long-term disability claims. Sometimes rehabilitative therapy for people suffering from a long-term disability can be helpful, but it is not always the case. Permanent disability can sometimes be the result as well. However compensation of long-term disability benefits is the least you should expect if you have insurance.

Dealing with insurance companies can be very difficult, particularly if you are dealing with a serious illness or condition. Having a lawyer, like Tim Louis, to guide and protect you through the process is the key to getting the compensation you deserve. If your long-term insurance claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation.

Long-term Disability Claim Denied

H.G. contacted me just over two years ago. She was referred to me by a previous long term disability client of mine who was very pleased with what I did for her. H.G.’s long term disability insurance company had just denied her claim for LTD benefits. H.G. had lost the ability to work at her very physically demanding position. She had developed Activity-Related Soft Tissue Disorder (ASTD) with myofascial injury to her cervical spine and shoulders. She had also aggravated her pre-existing degenerative disc disease.

She suffered from chronic joint and muscle pain, muscle spasms, numbness, neck pain, shoulder pain and pain and stiffness whenever she would bend, lift or walk.

I immediately obtained a copy of her insurance policy and then filed her lawsuit in the Vancouver Registry of the Supreme Court of B.C. Her insurance company filed a boilerplate response. They actually denied that she was disabled!

Insurance companies take me seriously and so it did not surprise me that fairly soon after the lawsuit had started they began to make offers of settlement. With my client’s instructions I rejected offer after offer.

The insurance company then conducted an Examination for Discovery of my client. At this step in a lawsuit there is no judge present. There is a court reporter who takes down a transcript of all the questions asked by the opposing lawyer and all of my client’s answers. I always prepare my clients extremely well before this step in the lawsuit. With H.G., this was no exception. While H. G. was a credible witness, I knew the insurance company lawyer might try to get her confused and then take advantage of the inevitable inconsistencies as she spoke.

A few days before the Discovery, I engaged her in a mock Discovery so she could practice what it would be like to be under a bit of stress. She did very well at the Discovery. H.G. came across as a likable, believable and reliable witness. After the Discovery, she told me how helpful our preparation together had been for her.

Shortly after the Discovery, the insurance company lawyer asked if we might be agreeable to Mediation. I recommended to H.G. that she accept the insurance company’s suggestion of mediation. Mediation is off the record, that is if settlement is not reached during mediation and the lawsuit proceeds to trial, nothing said at Mediation can be used against the client.

Mediation is a process whereby the parties engage in active negotiation with the assistance of a trained professional mediator. Throughout the day, the mediator will alternate between bringing the two parties together into the same room for face to face negotiations and separating the parties into two separate room shuttling back and forth between the parties. A mediator is different from an arbitrator in that an arbitrator makes a decision that is binding on both parties whether they liked the decision or not. Whereas a mediator only makes recommendations.

At the mediation, the insurance company slowly increased their offer of settlement – one-hundred thousand, one-hundred twenty thousand… two-hundred thousand and then finally two-hundred twenty-five thousand. I calculated that this was more than my client would receive at trial if she won. With great pleasure and a lot of relief, H.G. accepted the offer and we had a settlement. I had achieved the goal I aim for with all of my long-term disability clients – settle for nothing less than trial dollars without going to trial.

Has your Long-Term Disability Claim Been Denied?

If your long-term disability claim has been denied, call Tim Louis at (604) 732-7678 for a free consultation. Get the compensation you deserve.

Get the help you need. Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex. If you have received the insurance claim denial in writing, he will also review the letter and schedule a second no-fee telephone consultation to review and assess that long-term disability claim denial.

Don’t let the insurance company bully you into a settlement. Before you accept any decision, contact Long-Term Disability Lawyer Tim Louis.

Have a question? Use our convenient “Get Help” chat below.

Long Term Disability Plan Regulation

Tim Louis” target=”_blank” title=”Learn more about long-term disability plan regulation in BC”>Learn more about how the BC Government regulates long-term disability plans and long-term disability claims.

Workplace Injury – Can I sue my workplace for an injury?

workplace Injury

Workplace Injury – Can I sue my workplace for an injury?

If you are injured on the job, the law does not permit you to sue your employer. Instead, you must make a claim with WorkSafeBC. The good news here is that you do not need to be concerned about your employer’s financial ability to pay you for lost wages and/or permanent lost earning capacity. The bad news is that WorkSafeBC can be a nightmare to deal with. You do not ever get your day in court.

A workplace injury is any injury that occurs within your scope of employment. What this means is that your injury, in order to be covered by WorkSafeBC, does not have to occur at a specific worksite. If, for instance, you are driving and doing so as part of your employment, then you are covered. As example might be your employer asking you to leave your worksite to go on an errand. If you are running the errand as part of your employment and suffer an injury, you are covered by WorkSafeBC.

Serious Workplace Injuries

From 2010 -2019, there were over 63,000 serious workplace injuries reported in BC. (read more).

According to WorkSafe BC, workers in B.C. …”missed 3.2 million days of work due to work-related incidents and disease…”(Worksafe BC). The most common types of injury claims accepted by us were:

  • Strains and other than back strains
  • Back strains
  • Cuts
  • Contusions
  • Fractures

If you have been injured on the job, it is important to report the injury as soon as possible to Worksafe BC. It is also a good idea to contact personal injury lawyer Tim Louis to get the best legal advice regarding workplace injury to assist you in ensuring you get the compensation you deserve.

Reporting a Workplace Injury

Reporting a workplace injury is very easy. It can all be done over the phone (WorkSafeBC Teleclaim 1-888-967-5377).

In order for you to be eligible for WorkSafe benefits, your injury does not need to occur at a specific time. A perfect example of this is carpal tunnel syndrome from typing. A worker who develops this syndrome will do so as a result of typing over a number of weeks if not years. Another example is lung cancer caused by exposure to asbestos. The “injury” would take place over many decades.

As soon as you suffer a workplace injury, you should immediately report it, not only to WorkSafeBC, but also to your employer and your family doctor. Failure to do so may seriously weaken your claim. Your doctor will be asked by WorkSafeBC to confirm your injury. If it is a very serious injury and you are taken to a hospital by ambulance, do not leave it to the ambulance crew or the hospital to report your injury to WorkSafeBC.

Most WorkSafeBC are relatively straight forward. However, sometimes, this is not the case. If you feel that you are not being treated fairly by WorkSafeBC, you should immediately hire a workplace injury lawyer familiar with WorkSafe claims.

Repealing Workplace Injury Decisions

Appealing Worksafe decisions to court is very difficult and rarely successful. In 2016 an injured worker, Anna Currie was successful. The chambers judge overturned Worksafe’s decision to refuse to provide retroactive vocational rehabilitation benefits to her. Sadly, Worksafe simply appealed the chambers judge decision to the BC Court of Appeal.

The BCCA reinstated the Worksafe decision to refuse to provide retroactive vocational rehabilitation benefits.

Read More

Workplace Safety

To keep everyone safe on the job, all employees should participate in workplace safety protocols. This group collaboration works to protect everyone, increase safety on the job, prevent workplace injury and helps with overall productivity.

In order to prevent workplace injury, it is important to:

  • Always report unsafe work conditions
  • Keep a clean workstation
  • Ensure you always wear protective equipment such as hard hats and steel shank/toe boots
  • Take breaks – workplace injury often occurs when people are tired
  • Don’t skip any steps to get the job done faster – follow workflow procedure for safety
  • Stay up to date with new safety protocols and procedures
  • Use proper posture and follow safe working and lifting procedures
  • Help the new employees – guide them on looking after their health, safety and the safety of the workplace

Injured on the Job?

If you have been injured on the job, contact Tim Louis today to get the best legal advice. As a seasoned personal injury and long-term disability lawyer, he will provide you with the best legal advice and help you navigate the complications of a WorkSafe BC claim. Give Tim Louis a call today at (604) 732-7678 for a no-fee telephone consultation, during which he will answer all your questions, no matter how complex.

Sources:

Provincial Overview by Worksafe BC. Free data visualization software. (n.d.). Retrieved January 16, 2022, from https://public.tableau.com/app/profile/worksafebc/viz/Provincialoverview/Didyouknow

Worksafe BC: Facts & figures. WorkSafeBC. (2021, March 12). Retrieved January 16, 2022, from https://www.worksafebc.com/en/about-us/shared-data/facts-and-figures

 

 

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