Tag Archives: disability claim laywer

Long Term Disability Facts You Need To Know

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Very few of us think of long-term disability (LTD)as something that could happen to anyone at any time in life. This condition is not just one of physical restrictions, pain and discomfort. It causes a huge financial burden on the victim and the entire family. Inability to work in a profession that you’ve been trained for leaves you without an immediate source of income.  Along with this, your medical treatments, surgery, rehabilitation, follow-ups, medication, assistive devices etc have to be paid for. This causes a financial crisis. Finally, the emotional and psychological aspects are equally important. Depression, suicidal thoughts, lack of self-esteem, social isolation, behavioral issues, drug or alcohol dependence, aggression, rage, breakdown of personal relationships are some of the risks.

Victims are entitled to LTD benefits that can replace between 55-75% of gross-earnings. However, there are strict regulations and criteria that govern eligibility. If you’re entitled to Worker’s Compensation, you can apply with the help of an experienced long term disability claims lawyer. Robust evidence has to be presented to back your claim with inputs from authorized, reliable and respected experts in the field.

Insurance companies could deny your claim if your employer doesn’t provide the right documentation. Your injuries may not be properly documented by the treating doctor. LTD benefits may be terminated after two years and you have to re-apply in case you are unable to do any work to earn an income. If pre-existing conditions are discovered, your claim will be denied. You need to act immediately if your claim is denied to get the compensation you deserve.

Have Your Disability Benefits Been Terminated?

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The Canada Pension Plan (CPP) entitles people who have made enough contributions to the plan to receive benefits when they are unable to work. These benefits extend to their dependent children as well. The aim of these benefits is to replace a portion of the earnings of contributors who have suffered prolonged or permanent disability.

Information is compiled based on inputs from treating doctors, the applicant, employers etc. and a profile is created. Based on this profile, a test of employability is evaluated rather than medical eligibility and suitable compensation is awarded. In many cases, benefits are denied outright from the application stage itself. They may be terminated on the date of the “change of definition” – this means that at that particular point, you are not eligible to receive these benefits any longer. There are different medical, legal and insurance issues involved in this complex situation. You and your family need the advice, assistance and advocacy of a highly-trained, skilled and knowledgeable disability claims lawyer. There is a huge backlog of appeals and it may be difficult to work through the court system in a timely manner. You are also entitled to pursue a personal injury claim against the at-fault party responsible for your accident/injuries.

We can help you put together a robust claim to take care of your present and future needs. We also ensure that your rights and entitlements are protected and that all avenues and legal recourses are explored to get you the compensation you deserve.

Funeral Home Negligence

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The death of a dear one is always an emotional issue and we would like their funeral and other rituals to go smoothly, in a dignified and peaceful manner, reflecting the love and respect we had for the person, their status in society and the beliefs and ethics they held in their lifetime.

Today, most people rely on funeral homes to help them bid farewell to loved ones. Such organizations take care of the funeral arrangements, burial or cremation, memorials, publishing obituaries, statutory requirements etc. and we trust them to do what’s in our best interest.

However, carelessness, lack of attention to our wishes, negligence and disrespect to the dead are some of the issues that cause great distress and grief to family and friends. If you have been the victim of funeral home negligence, contact a personal injury law firm which has experience in handling such cases, to file a personal injury claim against those responsible for mishaps and untoward events.

What Constitutes Funeral Home Negligence?

Most of us are unaware of our rights when we enter into contracts with funeral homes. In such a time of grief and distress, we are most vulnerable and fail to pay attention to many practical matters. Regardless of religion or faith, matters concerning death must be handled with respect and dignity. Any lack of dignity or respect can be termed “cemetery desecration.” Fraudulent practices and attempts to take advantage of the family’s sensitive condition result in certain malpractices and negligent acts.

Some examples of funeral home negligence include:

  • Partial embalming of body when full charges are collected

  • Not following instructions regarding coffin, dress, flowers etc

  • Improper embalming

  • Improper storage/refrigeration

  • Stealing of organs for sale

  • Sexual assault or abuse of deceased

  • Missing/misplaced body

  • Presentation of wrong body

  • Maggot or fungus infestation

  • Improper or incorrect burial/cremation

  • Misplacement of deceased’s property like jewelry or tooth-fillings

  • Misplacement of ashes

  • Co-mingling of ashes

  • Unauthorized disposal

  • Failure to tend to grave-site

  • Burial in wrong grave-site

  • Vandalized or marred

  • Coroner negligence

  • Burying bodies in older graves to save space

  • Soiled, shabby clothing

  • Unlicensed embalmers

  • Lack of respect, foul language used in front of clients

  • Unauthorized picking-up of body from the hospital

  • Making false and misleading statements

In many cases, the relatives and loved ones are unaware of funeral home negligence but if this comes to your notice, speak to a personal injury lawyer immediately to begin the process of filing a personal injury suit.

How We Can Assist

While most of us entrust the task of managing funerals to reputed and reliable funeral homes, it’s possible that aberrations occur. It’s important that you report your concerns immediately to the funeral home authorities and simultaneously contact a personal injury attorney. Key evidence needs to be preserved and documentary proofs and photographic evidence has to be gathered. We can conduct independent investigations, get testimony from eye-witnesses (if any) and expert witnesses, etc to back your claim. We represent you in all communications/negotiations and ensure that your rights/interests are safeguarded.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)