long-term disability lawyer

Long-Term Disability Lawsuit

Long-Term Disability Insurance Lawsuit

Long-Term Disability Lawsuit:

Expert insights from long-term disability lawyer Tim Louis.

Many of my long-term disability clients are under the mistaken belief that if they win at trial the judge will order the insurance company to pay my client one lump sum equivalent to the amount of each monthly payment multiplied by the number of months from the trial to the date of my client’s retirement. Unfortunately, this is not the case. If you win your long-term disability lawsuit the court will order your insurance company to begin paying you monthly. There will be no lump sum representing what is referred to as “future benefits”.

With the above in mind, I was quite interested in the Court of Appeal decision in a case approximately three years ago. The Plaintiff, Nadine Lydia Gascoigne, had successfully sued Desjardins Financial Security Life Assurance Company for her long-term disability benefits. Her lawyer had asked the trial judge to aware a lump sum for Ms. Gascoigne’s future benefits. The trial judge refused to do so and instead ordered Desjardins to begin making monthly payments. Her lawyer appealed the trial judge’s decision not to award a lump sum for future benefits.

The BC Court of Appeal turned down Ms. Gascoigne’s appeal. Here are two paragraphs from the BC Court of Appeal Decision:

[29] In short, in my view, the trial judge correctly found he was bound by Warrington, as we are, to find that a non-contracting beneficiary of a group policy is entitled to enforce the payment of benefits, but not entitled to terminate the group policy or accept the insurer’s repudiation.

[30] The appellant did not advance any basis other than fundamental breach of the policy as a ground upon which she might be entitled to a lump sum award. It is not necessary, therefore, for us to determine whether such an award can be made for the breach of a disability insurance contract and breach of the duty of good faith. However, in this case, two obstacles stood in the way of such an award. First, the bad faith established was not found to be such as to preclude continuing performance of the parties’ contractual obligations, and second, the appellant’s own expert witness testified that she has “not yet reached the point of maximal medical improvement”. Some further interventions were contemplated, and she would suffer “some degree of vocational disability” for “an unknown period of time”. There was clearly a basis for the judge to say the evidence did not establish that the appellant would remain disabled from any occupation. He could properly regard that as a reason not to grant any relief other than the declaratory order made with respect to continuing benefits.

This means that the law remains as it always has been – if you successfully sue your long-term disability company, you will not be awarded a lump sum for future benefits, but rather begin receiving monthly payments.

Read more about the long-term disability lawsuit case here:

Gascoigne v. Desjardins Financial Security Life Assurance Co. (c.o.b. Desjardins Insurance), [2020] B.C.J. No. 1821, 2020 BCCA 316, British Columbia Court of Appeal, November 3, 2020, M.E. Saunders, P.M. Willcock and G.B. Butler JJ.A.

 

Why You Should Hire a Long-Term Disability Lawyer

Long-Term Disability Lawyer

Why You Should Hire a Long-Term Disability Lawyer

Disability insurance is an affordable option to protect you financially if you have an accident at work and become injured or ill. If you cannot perform your job due to injury, you should receive a monthly benefit resulting from a psychological or disabling physical condition. Sadly, employees are often denied or cut off from receiving benefits before they are able to continue employment. Every insurance policy is unique and outlines conditions that must be met. Although these conditions are outlined, sometimes satisfying these conditions can be challenging.

 

An experienced Long-Term Disability lawyer can help.

If you have applied for long-term disability benefits and your claim has been wrongfully denied, we strongly advise that you hire an experienced Long-term disability lawyer.

 

Why You Should Hire a Lawyer for Long-Term Disability Benefits

  • Communicating with insurance companies can be challenging and stressful. Your lawyer will reduce your stress by handling all the details; so you can focus on your health and well-being.
  • Insurance companies commonly use wording in their policies that can be confusing and may lead to the possibility of damaging your case. A long-term disability lawyer will take charge and will ensure you avoid any pitfalls.
  • Some insurance companies hire Private Investigators to build a case against you by conducting surveillance; documenting your activities and capabilities. They may also edit this footage to discredit you. These are all ways insurance companies can prove to a judge that you are capable of more significant activities than your claim indicates. Your long-term disability lawyer has seen it all before and will guide you through the process and gather evidence to support your claim accurately.
  • Your lawyer will know the information required and the specific questions that need to be asked of your doctor — ensuring that all possible evidence is presented to support your appeal.
    •  

      When You Should File a Claim

      There are statutes of limitations in British Columbia, meaning that there are strict deadlines you must adhere to when you file a disability claim. An experienced lawyer in this area of expertise will ensure that your doctor(s) have provided an adequate amount of information or anything else required to support your appeal. You will want to contact your lawyer as soon as possible to ensure you do not miss any crucial deadlines during the process.

       

      What You Should Do If Your Claim Has Been Denied

      There are several reasons why an insurance company would deny disability benefits:

      • The medical condition does not fall under the definition of ‘disability.’
      • An inadequate amount of evidence to support the injury.
      • The claim was not filed on time.

       

      We highly suggest that you contact your disability lawyer as soon as you find out that your claim has been denied. Even though your claim was denied, this does not necessarily mean your case is closed. A trusted disability lawyer will review your policy and ensure that all information required is submitted to help prove that your condition meets the definition of ‘disability’ according to your insurance policy.

       

      Talk to a Long-Term Disability Lawyer for a No-Obligation, Free Consultation

      You do not have to handle this alone. If your long-term disability claim has been denied, speak with Tim Louis & his compassionate, trusted team of experts by calling 604-732-7678 or email timlouis@timlouislaw.com for a free consultation, and we will provide you with the best possible options.

       

Addiction & Long-Term Disability: Are You Covered for Benefits?

long-term disability and addiction

Addiction & Long-Term Disability: Are You Covered for Benefits?

Addiction resulting from prescription medication, gambling, or other substances, can be mentally and physically debilitating. While some individuals can walk into a casino and gamble a few times a year, others can become chronically addicted. According to the Centre for Addiction and Mental health, 1 in 5 Canadians experience a mental illness or addiction problem in any given year.

Now More Widely Understood, Addiction is No Longer Considered a Choice

Unlike the United States, Canada views addiction as a disease. Human rights legislation protects individuals on the grounds of disability and includes those who suffer from drug and alcohol dependency.

If You Struggle With Addiction, You May Qualify for Long-Term Disability Benefits

Whether or not you qualify for long-term disability benefits from an insurance carrier depends on your employer’s group insurance policy. Specific requirements must be adhered to concerning rehabilitation and or treatment programs to qualify. It is important to distinguish between addiction regarding legal substances (alcohol, cannabis, prescribed medication) and illegal substances (cocaine, meth, heroin).

You can count on the team at Tim Louis Law to thoroughly review your private or group insurance policy to ensure that your rights are protected — providing you with peace of mind that in turn allows you to focus on treatment.

Insurance Companies Routinely Deny Claimants with Substance Abuse Issues

Insurers do not always make it easy to claim disability benefits since many companies do not consider addiction a disability. A qualified long-term disability lawyer can help. Your lawyer will challenge the insurer’s decision on your behalf, as many individuals do not realize that substance abuse is considered a disability in Canada.

Medical Evidence is Integral

Medical documentation as evidence is integral for any disability claim. The claimant must show that their addiction has inhibited their ability to function. The medical evidence must also meet private or group policy standards that dictate the criteria for eligibility.

Treatment Options

Addiction treatment is almost always long-term as relapse is common if undergoing short-term treatment.

Typical treatment options are as follows:

  • Detox
  • Counseling
  • Medication if required
  • Mental health evaluation
  • Treatment for any mental health conditions if necessary
  • Follow-up care for relapse prevention

Gambling as an Addiction

Just as serious of a condition as other more common addictions, compulsive gambling is on the rise in Canada and just as destructive. Gambling addiction leads to a range of personal and social harms such as depression, bankruptcy, anxiety, suicide, and abuse. Unfortunately, in Canada, compulsive gambling may not qualify as a disability.

Compliance Is Key

Compliance is key with regards to disability benefit eligibility. The individual seeking insurance benefits must proactively participate in treatment and/or rehabilitation programs to continue to receive compensation. Failure to do so will result in being disqualified or denied the claim.

Most policies have time limitations that can be difficult to interpret. If your application for disability benefits has been denied by an insurer, do not give up hope. We strongly encourage you to obtain legal advice from a trusted and experienced long term disability lawyer to discuss your dispute case to help navigate your way to a fair and equitable resolution of your claim.

Contact an Experienced & Empathetic Long-Term Disability Lawyer

If you are suffering from an addiction and unsure if you qualify for long-term disability benefits through an insurer, our trusted and compassionate team at Tim Louis and Company will protect your rights so you can focus on treatment and recovery. Reach out to us by calling 604-732-7678 or email timlouis@timlouislaw.com for a free consultation, and we will provide you with the best possible options.

Source: https://www.camh.ca/en/Driving-Change/The-Crisis-is-Real/Mental-Health-Statistics

Long-Term Disability Coverage: How Long Will Benefits Last?

Long-Term Disability Coverage

Long-Term Disability Coverage

Some insurance policies issue payments for a certain amount of years, while other policies may stop payments after up to a decade. The question, unfortunately, does not have a definitive answer, as every insurance policy is unique.

When you read over your employer’s group benefits package, or even if you purchase your own private insurance, ensure that you read through the policy carefully to ensure that you understand the long-term disability requirements. Understanding the requirements, application deadlines, waiting periods and duration of benefit payouts is important.

While every insurance policy handles long-term disabilitycoverage and benefits differently, there are certain aspects to these policies that are mandated by law – this depends on your ability to return to work before your injury and your ability to work, period. There are certain policies that will stop benefits indefinitely after 2 years if you are able to return to any full-time work (regardless if it pays the same as your pre-injury job), while some insurance policies will continue paying out benefits at a reduced rate if you end up securing a new position that pays less than your previous employer. If however, you are unable to return to work, long-term benefits could last for a number of years.

What is Long-Term Disability Coverage?

If you become disabled during employment, Long-term disability insurance coverage pays benefits. Under most LTD policies, in order to qualify for these benefits, you would need to prove that you are unable to continue working as a result of a medical condition. These medical conditions can include physical, psychological, cognitive, and emotional – or a combination of any of the above. If you qualify for LTD coverage, the payout for benefits ranges between 60%-70% of your pre-disability income. There are certain policies that cover less, but most policies will pay benefits for qualified individuals up to age 65.

When Does Long-Term Disability Start?

Long-term disability payments are never available immediately and considered a last resort after short-term disability options have been exhausted. Before you can be approved for LTD payments, you must go through short-term options first – even if following a serious, catastrophic injury. Short-term options may include sick leave and short-term disability benefits.

How Do I Know If I Have Long-Term Disability Coverage?

If you are fortunate enough to have an employer that has provided you with a group medical benefits package, it is likely that you have insurance for Long Term Disability (LTD) coverage, which may also grant you coverage if you have been laid off or terminated from your job. If you do not have group benefits through your employer, you have the option of purchasing a private LTD plan.

Meeting Important Deadlines

There are strict deadlines that go along with long-term disability claims, so it is important to carefully read through your policy to understand the time limits. Failure to submit a claim on time can result in your claim being denied.

What if My Long-Term Disability Claim is Denied?

If you submitted an LTD application and your claim is denied, you will not receive any payments and will be expected to return to work. Claims can be denied for numerous reasons, such as incomplete information, unclear or improper medical treatment or diagnosis etc. Keep in mind, diagnosing mental health can be complex, but insurers are very specific in their guideline requirements. If your claim is denied, you have the right to appeal the decision – an appeal process will commence, which is why it is important that you contact a trusted lawyer that specializes in such long-term disability cases.

How a Long-Term Disability Lawyer Can Help

When understanding the length of your LTD policy, it is important to understand the language and the integral details you should be aware of. At Tim Louis Law, we are experienced with the process of filing long term disability claims and look forward to discussing your unique situation with you. Contact us today for a free consultation by
calling (604) 732-7678 or email timlouis@timlouislaw.com

Source:
https://www.bclaws.ca/civix/document/id/loo69/loo69/13_409_97

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

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

Which Disability Plan Do You Qualify For?

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

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

Professional Medical Support

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

When You Apply for Disability

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

Right After You Apply for Disability

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

Waiting for a Decision

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

When Do I File a Long-Term Lawsuit?

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

The Discovery Process

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

Negotiation VS. Trial

Negotiation:

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

Trial:

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

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

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

Hit and Run Crashes: What You Should Know

A hit and run can be one of the most frustrating experiences for a driver. Whether the driver who causes a collision fails to stop, or flees the scene of a crash without providing their information, a hit and run is a serious offence.

Hit and run Crashes

What is a Hit and Run?

A hit and run is when an unidentified driver flees the scene after damaging a vehicle/property, and/or injures a pedestrian. When filing a hit and run claim, a judge or jury decides whether or not you made “all reasonable efforts” to confirm the identity of the unknown driver and owner – that is if ICBC decides that you did not take these measures. If you are involved in a hit and run, below are some of the steps you should take to help ensure you meet the requirements:

(Note: you should seek legal advice immediately in the case of a hit and run accident).

Steps To Making a Hit and Run Claim

Contact the police immediately and identify the vehicle/driver if possible

  • police

    Try your best to identify the other vehicle and if possible, the other driver. If you can, jot down the vehicle’s license plate number – this will assist authorities with the investigation. The more information you can collect the better such as the colour, make and model of the vehicle, and what direction the car was heading.

If you Have Been Injured, Seek Medical Attention Immediately

  • If you have been injured, seek a medical professional right away to get checked out.

Observe and Photograph the scene of the Crash

  • Look around the scene for any skid marks or any debris left behind from the vehicle that caused the crash. Take measurements of any skid marks on the pavement and take clear photographs of the crash location — as these details can be used as evidence. Only collect any evidence if police have not done so – or contact your lawyer to find out if an accident reconstruction engineer should be assigned.

Report the Claim to ICBC

Speak to Businesses and Residents in the Area Surrounding the Crash

  • Speak with any residences or businesses that are close to the scene of the hit and run crash that may have witnessed the incident and in turn may be able to note the make and model or even the colour of the vehicle, which can assist the investigation.

witnesses

Spread the Word to Locate Witnesses

  • Near the scene of the crash, put up notices clearly outlining the date and time of the incident, along with any other details that would be useful for potential witnesses. Also submit ads to online community classifieds, forums and newspapers and the best way for them to contact you.

Follow Up with Police

  • Follow up with police on a regular basis for the latest details on the investigation and take notes along the way.

How Much Am I Covered?

  • Residents in British Columbia are covered for up to $200,000 for any injuries, property damage or death resulting from a hit and run.
  • Non BC residents are also covered – however, depending on where they live limitations may vary.

What Do I have to Pay?

  • For hit and run damage to your vehicle or property, ICBC requires drivers pay a $750 deductible, or your ICBC collision deductible, whichever is less.
  • If you suffer from an injury resulting in a hit and run crash, there is no ICBC deductible and your insurance premium will not be affected.

Contact An Experienced, Trusted Personal Injury Lawyer

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a hit and run motor vehicle collision in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com

sources:
https://www.icbc.com/claims/repair-replace/Pages/Hit-and-run.aspx

Repetitive Strain Injuries: What You Need to Know

When we think about workplace injuries, we often think about slip-and-fall accidents, injuries resulting from falling objects or the various back and neck strains that come with the territory within many workplaces. However, some work-related accidents are often far less dramatic.

A number of injuries occur over time, through constant repetition of daily tasks, which negatively impact the body causing strain to sensitive joints and muscle groups. These repetitive strain injuries, or RSI, can have a long-lasting effect on our health and daily life.

Injuries Resulting From Repetitive Motion

A Repetitive Strain Injury, whether it is temporary or permanent, will need rest or a change in daily habit that provides time to heal. It is crucial to see a medical professional right away to prevent any further damage to the muscles, ligaments, nerves or tendons through continuous, repetitive motion.

Most Common Repetitive Strain Injuries

typingRepetitive Strain Injuries (RSI) can result from a buildup of damage to muscles, tendons, and nerves from repetitive motion or strain on specific parts of the body. Repetitive Strain Injuries are quite common and may be caused by a variety of common work activities, including:

  • Using a computer mouse or trackpad
  • Excessive typing (data entry)
  • Swiping items at a supermarket checkout/cash register use
  • Grasping and manipulating tools
  • Working in an assembly line environment
  • Training for sports or other athletic activities

Some commonly diagnosed Repetitive Strain Injuries are:

  • Tendonitis (inflammation of the tendon)
  • Pertendonitis (inflammation of the sheath of a tendon)
  • Trigger finger (difficulty bending or straightening any of the fingers which is caused by inflammation and thickening of the tendon)
  • Tenosynovitis (inflammation of the fluid-filled sheath that surrounds a tendon causing joint pain and stiffness)
  • Carpal Tunnel Syndrome (numbness, tingling and pain in the hand or arm resulting from compression of the median nerve which is squeezed as it travels through the wrist
  • Epicondylitis (inflammation of tendons surrounding an epicondyle)
  • Bursitis (inflammation of the bursa sac which is common around the elbow, hips, knees and shoulder)

Repetitive Strain Injuries

What Are the Symptoms?

There are many possible causes of repetitive strain injuries and a wide range of symptoms that result. Tenderness or pain the affected muscle or joints are common, a throbbing or pulsating sensation in the affected area and or tingling in the hands or arms. Any other symptoms will depend on which part of the body is affected.

It’s important that you visit a medical professional for a proper diagnosis as soon as you experience symptoms to prevent any further damage over time.

Repetitive Strain Injury Prevention

The primary ways in which you can reduce the risk is to stop or limit the intensity of the activity. If the activity cannot be stopped, tips for reducing the risk may include:

Taking breaks: Taking regular breaks from any repetitive task may help reduce the strain on your body.

Stand up: Standing up, stretching and frequently moving your limbs may reduce the risk. Stretch your back, arms, fingers and legs regularly.

Vision break: Rest your eye muscles by looking up and staring for a moment at objects in the distance or simply looking around the room. The key is to give your eyes a regular break from screen time.

exerciseOverall health: Eat healthy and get regular exercise to keep your body as resilient as possible, and try to avoid smoking, as this reduces blood flow and oxygen in the body.

Posture: Try to keep yourself from slouching. Ensure your desk, chair and computer screen are aligned as much as you can in an ergonomic setting.

Wrists: Avoid bending or overextending your wrists, and keep the arms, wrists and fingers aligned when typing as much as possible.

Typing: Try to touch type as much as possible and avoid hitting your keys too hard.

Keyboard Shortcuts: Try to use keyboard shortcuts whenever possible, as this can reduce the amount of typing needed.

Mouse or Track-pad: Do not grip too tight or press too hard, and try to slow your speed in order to reduce muscle tension in your hand and wrist.

Temperature: Keep an eye on the temperature of your work area and regulate where necessary.

Phone Use: If you need to use a phone while working, try wearing a headset as this will keep you from needed to grip the phone for long periods or needing to clamp the phone between your head and shoulder.

You can trust Tim Louis & Company to ensure the best possible outcome for your personal injury case

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

Sources:
https://www.enjuris.com/workplace-injury/repetitive-strain-injuries-work.html

https://my.clevelandclinic.org/health/diseases/17424-repetitive-stress-injury

https://www.mayoclinic.org/healthy-lifestyle/fitness/in-depth/overuse-injury/art-20045875

Injured on Someone Else’s Property? What You Should Know

Vancouver Slip and Fall Lawyer

Injured on Someone Else’s Property?

Contact Tim Louis – Long-Term Disability and Personal Injury Lawyer

According to a 2017 Canadian Institute for Health Information report, falls were the number one cause of injuries leading to hospitalization in Canada. It is common for these types of falls to be caused by businesses or property owners who neglect their duty to ensure that their property is reasonably safe.

If you are injured on someone else’s property due to unsafe conditions, you may be entitled to receive compensation for your injury. The property owner (known legally as “occupier”) is responsible for keeping their premise safe, and failure to do so can result in a potential injury that would otherwise not have happened.

An occupier may refer to the person in charge of caring for the property, or the physical owner of the premises, which may include:

  • Business Owners
  • Homeowners
  • Landlords
  • Companies
  • Government Agencies

Injured? Occupier’s Liability Act

In British Columbia, slip and fall claims are Occupier’s Liability Act (OLA) claims.

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

If an individual slips and falls or is injured on someone else’s property due to hazardous conditions, they may be entitled to compensation that could cover one’s medical costs, out of pocket costs, lost income and or pain and suffering resulting from the injury.

How Much is Your Slip and Fall Claim Worth?

This is a common question clients ask lawyers and is complex to answer. A number of factors are considered before assessing the value of a claim such as the severity of the injury and how much the injury has impacted your life, your ability to earn a living and your personal well-being.

Do You Have a Slip and Fall Case?

In order to determine whether you are entitled to slip and fall compensation is dependent on whether you have a valid claim.

If you have suffered from a slip and fall injury resulting from a dangerous condition on a property (i.e. lack of lighting, unmarked spills, icy driveways) the owner or occupier may be liable if it can be proven that they were aware of the hazard and neglected to take reasonable measures to rectify the issue.

Document Your Injury Experience for Evidence

documentationInsurance companies can make your life quite difficult during a slip and fall claim and will deny cases due to a lack of evidence.

If you are injured, it is important to cross your T’s and dot your I’s when it comes to documenting your experience so you have as much evidence as possible to support your personal injury claim.

Seek Medical Attention Immediately After a Slip or Fall

If you suffer from a fall on someone else’s property, ensure that you seek medical attention straight away. Whether your injury is serious or not, it is always recommended that you visit your doctor or hospital as soon as possible (ideally within 24 hours of being injured).

Keep in mind that symptoms for injuries don’t always present themselves immediately – another important reason to get checked out regardless of how your body feels.

Document Any Witnesses

If there are any witnesses, write down their names and numbers to assist with your case. Your insurance company or lawyer will ask for witness contact information as this will help with your claim.

If you are able, pull out your phone and take photos of the exact location your injury occurred. You can never have too much documentation to support your liability claim. If you were unable to take pictures of the scene, ask a friend or family member to take photos on your behalf.

Speak to Your Lawyer Before Signing Any Document

It’s integral to know that you should never sign anything without speaking to a lawyer first. An experienced personal injury lawyer will ensure your rights are not being violated and protect the integrity of your claim.

Contact a Personal Injury Lawyer You Can Trust

You can trust Tim Louis & Company to ensure the best possible outcome for your slip and fall-related personal injury case. Contact us today (604) 732-7678 or email timlouis@timlouislaw.com

Sources:

https://globalnews.ca/news/4315219/falls-most-common-injury-canada/

https://globalnews.ca/news/3576912/injury-related-hospitalizations-canada/

http://www.bclaws.ca/civix/document/id/complete/statreg/96337_01

 

 

 

 

Motorcycle Safety Tips in Metro Vancouver

Motorcycle Safety Tips

Motorcycle Safety Tips

Motorcycle enthusiasts are looking forward to the freedom that comes with riding on the open road and beginners may be shopping around for their dream bike to take on the road this spring and summer. However, the facts cannot be ignored: according to ICBC, in 2016, 940 motorcyclists were injured in 1500 crashes. On average, 12 motorcyclists are killed each year in the lower mainland.

We’ve gathered some safety tips to ensure motorcyclists are as safe as possible while riding.

Prepare Your Motorcycle for Safety

You can have years of motorcycle riding experience, but if your bike has mechanical issues, nothing will prevent you from getting into an accident resulting in a severe injury.

  • Always inspect your bike before every ride
  • Ensure tires don’t have bulges or cracks
  • Tire pressure should be at the proper level
  • Check to make sure your horn and turn signals are working
  • Ensure mirrors are in the appropriate position for blind spots
  • Check fluid levels weekly
  • Make sure your brakes, throttle, and clutch are working properly
  • Check for leaks

Always Wear Proper Riding Gear

motorcycle safetyYou may be tempted to wear your casual wear before jumping on your motorcycle, but think about the injuries you could prevent by wearing adequate riding gear that was designed for sudden impact. If you are in an accident, the friction from your body against the pavement alone can cause serious damage if you don’t take the necessary precautions.

Even if you are driving a short distance it’s integral that you wear the proper riding gear to protect your entire body in the event of an accident:

  • Wear adequate riding gloves, not standard work gloves. Riding gloves are made to protect your hands from trauma; while work gloves are made from thinner, weaker materials and will not protect you.
  • Always protect your head! Wear a full-face helmet to cover your face and head from possible injury.
  • Wear proper riding pants designed for motorcycle riding – you may see a lot of riders out there wearing regular jeans, but if you are in a motorcycle accident, regular pants will not protect your legs from injury.
  • Wear riding boots designed for motorcycle riding, not regular boots or shoes

Follow Traffic Rules & Ride Defensively

Of course, years of riding experience and motorcycle training can make all the difference in road safety, but be sure always to follow these driving tips whether you are a beginner or experienced motorcycle rider:

  • Always let drivers know your intentions by using your turn signals
  • Do your best to stay out of driver’s blind spots
  • Ride at a safe speed at all times
  • Never assume a driver has seen you or will give you the right-of-way

Don’t Ride When Impaired or Sleepy

Driving requires an alert mind, and a steady hand, which is why driving impaired is known to be one of the most dangerous decisions you can make as a driver – but what many people, especially new drivers may not realize, is that driving while tired can be just as dangerous, even fatal in some circumstances.

Know the Common Signs of Drowsiness:

  • Frequent yawning
  • Inability to keep your eyes open
  • Trouble holding your head up
  • Wandering thoughts
  • Drifting into another lane
  • Missing road signs or driving past turns

Motorcycle Safety: Follow these steps to prevent driver’s fatigue from setting in:

  • Get a full night’s sleep before a planned trip
  • Take short naps throughout the day whenever possible if you need them, especially on long trips
  • Avoid consuming caffeine or other stimulants before bed
  • Call for a ride or take a taxi if you’re too tired to drive

In addition, do your best to avoid these common driver’s mistakes:

  • Driving when on medication that causes drowsiness
  • Driving late at night, at times when you are usually sleeping
  • Driving alone if you are going a longer than usual distance

Tim Louis and his compassionate and talented legal team can give you the reliable, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motorcycle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678.

source:
https://www.icbc.com/about-icbc/newsroom/Pages/2017-May1.aspx
https://www.icbc.com/road-safety/sharing/motorcycle-safety/Pages/Default.aspx

Common Workplace Injuries

Prevent Workplace Injuries

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

workplace injuries

Workplace Injuries

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

Strains/Sprains

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

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

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

Back Injuries

back pain

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

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

Head Injuries

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

Some of the more frequent causes:

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

Herniated/Bulging Discs

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

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

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

PREVENTION:

workplace safety

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

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

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

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