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Short and Long-term Disability    

Short and long-term disability insurance in Ontario is governed under the Uniform Accident and Sickness Policy Act. Short and long-term disability insurance does not insure against the death of the insured, and only offers coverage in the event of a disability. Furthermore, since the majority of employees find themselves with group coverage provided by their employer most of the relevant statutory provisions do not apply.

In the majority of instances short-term disability benefits are available directly from the employer as a contractual promise. Since the employer provides the benefit directly to the employee the benefits are usually taxable as income for the employee. Long-term disability benefits are usually offered pursuant to the provisions of an insurance policy.

Generally, there are two periods in long-term disability insurance:

  1. The first (lasting for about twenty-four months) allows coverage if the insured is unable to perform their occupation due to the disability.

  2. The second period, after the initial twenty-four (24) months, allows coverage based on the insured’s inability to work in positions they are qualified for due to the disability.

Long-term disability insurance is specifically designed to provide income replacement if an individual should become disabled and unable to work. Long-term disability plans require a minimum length of service, as well as set out a maximum amount in terms of the days away from work. In insurance law this period of time between the onset of some disability and the final day of eligibility for benefits is called the Elimination Period.

In assessing your claim for either short-term or long-term disability benefits it is crucial to hire a lawyer that is knowledgeable and experienced in those respects. It is not uncommon for employees to become disabled during or even after the termination of their employment when the need for income is pressing.

Zeilikman Law offers in-depth expertise and experience that will help you get the benefits you deserve. Whether you have been denied short-term or long-term disability benefits while employed or even after you have been terminated, it may still be possible to receive substantial monetary compensation from your former employer, insurance provider or both.