Suddenly having to deal with a long-term disability can be, and often is, traumatizing and stressful, and the legal matters surrounding this situation certainly do not make it easier. Your insurance company will be throwing a lot of legal terms and documents your way which you will likely not be able to fully understand without the help of a lawyer. However, we do want to do our best to give you some support by explaining some of the basic lingo you will be confronted with.
Definition of Disability
After your benefits have been approved, you will be sent an overview which will list the definition of disability under your insurance plan’s policy. This definition of disability is really nothing more than a list of your policy’s requirements which you will need to fulfill to be considered disabled. Most insurance plans will have two sets of definitions: the first for your own occupation, and the second for any occupation. This includes your inability to fulfill the requirements of your current job, and your inability to fulfill the requirements of any job. Allow the Personal Injury Lawyer in Orillia to handle the claim process for you. They know the laws and legalities and will be in a better position to negotiate on your behalf or represent you in the courthouse.
As you are recovering, you will be assigned a case manager who will review your claim on a frequent basis in order to determine whether or not you are still fulfilling the requirements for total disability as set by your policy. For this, they will consider the severity of your condition, your work capabilities, your treatments, and your expected recovery time.
When a rehabilitation consultant is assigned to you, it means that your case manager believes it is time for you to return to work – be it to your old occupation, or an alternate position. When it comes to any occupation requirements, you will have a tougher time meeting them since your education, past job training, and work experience will be factored in, which could make you qualified for another occupation.
The plan for your gradual return to work will be put together by the rehabilitation consultant, who will do this before your insurer determines any restrictions or limitations applicable to you. More on the latter later.The plan put together by the consultant will gradually increase your weekly work hours and days until you will eventually be back to working full time. Your duties at your occupation may, however, be modified to fit your needs. If that is necessary, this will be communicated to your employer by your rehabilitation consultant.