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At Zayouna Law Firm, we really take the time and go the extra step to get personally acquainted with our clients and their situations.

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Short-term Disability

What is short-term disability law?

It only takes one mishap with heavy machinery or a malfunction incident to seriously injure you. Or, you could be diagnosed with a severe illness and require extensive treatment. But what happens when your short-term disability claim is denied? 

At Zayouna Law Firm, we believe you should not suffer added financial, physical, and emotional burden from denied disability benefits. Our short-term disability lawyers can help you claim your short-term disability benefits, and ensure income replacement and financial security at a time of immense uncertainty.

Why You Need a Short-Term Disability Lawyer

Issues with Short-Term Disability Claims

Short-term disability benefits are available for a specified period, typically if you cannot work for a certain period while recovering but can do so afterwards. In other cases, it is used to fill the gap during the waiting period for long-term disability benefits to commence.

Short-term disability insurance is meant to provide temporary income replacement and crucial disability support during this specified period; however, benefits are not always granted. Many insurance companies are known to dispute or outright deny otherwise valid claims. Even when claims are granted, they are not entirely successful — benefit payments are delayed, or amounts are reduced.

File a Short-Term Disability Lawsuit

Zayouna Law Firm is ready to help you if your short-term disability claim is denied, or your benefits were terminated. Our short-term disability lawyers can help you dispute your insurer’s decision, and claim the benefits you are entitled to. With successful court action, we can get your benefits reinstated, as well as seek compensation for damages you suffered as a result of a denied disability claim.

Eligibility for Short-Term Disability Benefits

Short-term disability benefits are available for a limited, specified period, such as during recovery and awaiting your back-to-work date, or within the qualifying period for long-term disability. 

Key facts on how short-term disability is paid out:

  • Duration: Varies per policy, but is generally defined as 15 weeks, with some policies going as long as 26 to 52 weeks.
  • Amount: Short-term disability benefit amounts range from 50% to 100% of your weekly income.
  • Qualifying period for long-term disability: In cases wherein your injury or illness results in a long-term disability, you will be subjected to a waiting period. Short-term disability can provide temporary financial relief while your insurer deems your disability total and/or permanent, making you eligible for long-term disability. Check how many weeks of income replacement coverage you can claim to ensure you are financially supported in the interim.

Causes for Short-Term Disability Claims

Similar to long-term disability, short-term disability claims are due to injury or illness that prevents you from working. Short-term disability can provide income replacement during your recovery, or in the interim before long-term disability commences. See if your claim qualifies:

  • Occupational hazards, such as workplace injuries
  • Catastrophic accidents and impairments
  • Workplace burnout, stress, and other mental health impacts
  • Serious illness requiring prolonged treatment and recovery.

Our Short-Term Disability Lawsuit Process

At Zayouna Law Firm, we understand the physical, mental, and financial impact of a short-term disability. Whether you can return to work after recovery, or awaiting long-term disability benefits to commence, we are here to help ensure that you receive the disability benefits you are entitled to. See how we fight for your rights to short-term disability benefits:

  1. Consultation: Book a free consultation to discuss your denied short-term disability claim, and explore your legal options for claiming or reinstating benefits.
  1. File your short-term disability lawsuit: We represent your short-term disability lawsuit and fight for your rightful benefits. We work with medical and rehabilitation experts, industry consultants, and financial experts to prove the impact of your disability and the need for income replacement.
  1. Resolution: We strive to deliver your best outcome — income replacement and access to crucial healthcare and rehabilitation resources. Outside the courtroom, we advocate for your immediate needs by connecting you with rehabilitation experts to aid in your recovery. Our fees are contingent, meaning we only charge when we win.

Our Short-Term Disability Law Expertise

Zayouna Law Firm is your short-term disability lawyer. Our team is dedicated to advocating for your rightful disability benefits and helping improve your quality of life. From consultation and representation, to reinstated benefits and recovery, we offer vast legal expertise in disability law to fight for your rights and support you as you navigate returning to work, or commencing long-term disability.

  • Results: We measure our success based on yours — your recovered disability benefits and improved well-being. We have successfully represented and claimed short-term disability benefits for countless clients, and ensured a smooth, fully supportive transition to a new occupation or full-time care and eventual recovery.
  • Relationships: We are members of esteemed professional associations, such as the Ontario Trial Lawyers Association and the Ontario Bar Association. But more importantly, we are members of our community who take a personalized approach to every case. Our promise is constant communication and your full participation in the legal process.
  • Recovery: Our mission is your complete recovery — access to short-term disability benefits, care, and improved quality of life. We tirelessly advocate for you in court, and outside by connecting you with rehabilitation experts to ensure your well-being.

Short-Term Disability Lawsuit FAQs

Each disability claim is unique, and the allowable period for legal action depends on when the denial occurred, the reason, and when the policy was entered into and whether it had been renewed.

Generally, you have two years to commence a legal action. To ensure your lawsuit is commenced as soon as possible and within the correct deadline, speak with a disability lawyer as soon as the denial occurs, or as early as the claim is submitted.

Workers’ compensation benefits are only applied to workplace or work-related injuries, and only when your employer is covered by compensation. Short-term disability benefits can be paid out for any eligible injury or illness — not just work-related — that hinders your ability to work for a specified period, or while within the qualifying period for long-term disability to commence.

Your short-term disability benefits will depend on your policy’s coverage amount and monthly premiums, your income, and the prognosis of your illness or injury.

Insurers cite a number of reasons for denying disability claims, including a lack of medical documentation and/or missed deadlines for submissions; inappropriate treatment or treatment specialist; lack of medical restrictions preventing you from working while receiving treatment; being outside of the “maximum recovery guidelines”; and failure to participate in a rehabilitation or gradual return-to-work program.

 

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