How Returning To Work after an Accident Affects Your LTD Claim

If you’ve been involved in an accident in Ontario, regardless of whether it’s a car accident or you’ve been subjected to professional malpractice, you are entitled to follow a Long Term Disability claim. One of the most common questions which the majority of victims are usually going to ask is whether or not they should return to work after a fall, motorcycle or car accident. The answer is, unfortunately, not as definitive as you would like it to be. There are two common pictures that have to be painted here. In both cases your insurer denies payment of the claim and you have to go through trial to get your compensatory money.

Claim Denied By Insurance Company

In the first scenario, after your insurer denies your claim, you decide that it’s high time you start working again. The first thing that you need to do is to consult your physician. You have to make sure that you are in proper working condition and you are capable of executing your professional obligations without this impairing or damaging you any further. This is the best case scenario. Right off the bat, you are going to be receiving 100% of your regular profits instead of the 70% eventual LTD benefit that you are entitled to. Furthermore, your claim becomes easily quantified and your lawyer could get a quicker settlement agreement on the table. The insurer might also be more inclined to go for the settlement, now that the case has gotten much more comprehensive and easy to handle. It’s the best opportunity that you’d have to leave this particularly dark chapter of your life behind and move on with your day-to-day affairs.

Unable To Work

The second scenario is a bit more interesting. We’d like to call it the failed attempt at getting back to work. While it might seem a bit grim at first, this is by far the best thing that could happen to your lawyer. He’s now capable of making the case in front of the court that you had the absolute desire to get back to work in order to start earning and providing for your family, but your medical condition doesn’t allow it because of the accident. This is going to tip the scales in your direction considerably and it’s at this point that the majority of insurers are going to bend their knees and settle for as much as you want below the estimation of the verdict. This is due to the fact that they are well aware that they are likely to lose the case in court and they don’t want to risk having to pay considerable legal fees and court taxes. That is why it is important to talk with the lawyer about the pros and cons of the claim before filing for it.