Disability Insurance Disputes

Many employees are enrolled in group insurance policies that provide for monthly payments in the event that en employee becomes disabled. The employee will usually be entitled to benefits for both Short Term Disability and Long Term Disability. Insurance companies are notorious for being very difficult when it comes to evaluating a disability claim and will often prematurely terminate benefits without justification. See CTVs W-5 program on insurance.
If your claim for short-term disability insurance through an insurance company has been denied, even though you are disabled from working, you may be entitled to either a re-instatement of your benefits or a lump-sum pay out of your policy.

The Supreme Court of Canada recently released a decision about the taxation of lump sum pay-outs in respect of disability insurance claims. You can read it here: Tsiaprailis. v. Canada

If you or a loved one is disabled from working, we at The Muscovitch Law Firm would like to meet with you. Please call our office to set up an appointment to discuss your case.

Life Insurance

If your claim for property loss under an insurance policy has been denied, we may be able to help. Often an adjuster will deny a claim based upon incomplete evidence or a knee-jerk reaction. Once we get into the picture, we can help persuade the insurance company that they should be honouring the claim.

Criminal Injury Compensation Board

You may also have a claim for compensation through The Criminal Injuries Compensation Board (CICB). The CICB is an independent provincial agency that awards compensation to victims of violent crime that resulted in personal injury or death as defined by the Compensation for Victims of Crime Act. Compensation may be awarded where a Criminal Code of Canada offence has been committed in the Province of Ontario. Offences involving motor vehicles are excluded unless the vehicle was used as a weapon. Applicants may receive compensation to cover expenses including the following:

·   Expenses actually and reasonably incurred resulting from the victim's injury or death.
·   Emergency expenses resulting from a personal injury or death, such as  medical expenses, funeral expenses generally up to a maximum of $6,000.00 and interim counselling generally up to $5,000.00.
·   Loss of wages generally to a maximum of $250.00 per week, as a consequence of the total or partial disability affecting the victim's capacity to work.
·   Financial loss to the dependants of a deceased victim.
·   Pain and suffering.
·   Maintenance of a child born as a result of a sexual assault.