Sawers McFarlane

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Disability & Insurance Claims - Sawers McFarlane

When The Unexpected Happens

Everyone aims to stay as healthy as possible so that they can always work to provide for themselves and their family. Unfortunately, life happens: illnesses, accidents and other issues can prevent you from working for an extended period of time. When this happens, short- or long-term disability insurance can provide you and your family with financial compensation to help you until you’re physically and mentally prepared to return to your job. Understanding how disability insurance claims work is extremely important so that you’re prepared in the event of the unexpected.

How Does Disability Insurance Work?

Disability insurance is usually part of a benefits package offered by the employer and is included in the rest of your insurance plan payments. Many disability claims are processed and handled in a straightforward manner; when complications do arise, they typically involve the type of benefits being claimed during a termination period and the length of time that disability payments will be made. As long as you did not sign a waiver of disability benefits, an employer must pay your salary for the duration of your disability leave. If the employer refuses, they can be found to have wrongfully terminated you and are subject to monetary damages. This scenario does not apply, however, if the insurance company itself terminates payment of benefits. In addition, your employer may have the right to terminate you if the disability term extends to the point where your employment contract is “frustrated,” or it can no longer be honoured. If frustration of contract can be proven, the employer is only required to provide you statutory notice.

In most cases, the employer’s insurance carrier provides disability benefits, although there are some cases where the employer may be required to pay out benefits to you directly. This most often occurs when an employee becomes injured or ill during a termination notice and the employer prematurely ends the employee’s benefits package. There are some cases, however, where you can sign a release waiving your entitlement to long-term disability throughout the notice period.

Represented By Experience

Long- or short-term disability disputes should be handled by experienced employment lawyers who will work to protect your rights and ensure that you receive everything you are entitled under the law. With each new case, Sawers McFarlane takes the time necessary to uncover the details, identify the issues at work, provide preliminary legal advice, and allow you the opportunity to choose whether or not you will move forward with legal action. There are times that a lawyer’s services are not needed, but when they are, the hard-working lawyers of Sawers McFarlane are there to make sure that your rights are protected and your best interests are served. The firm has earned a distinguished reputation in the legal community, earning the trust of thousands of clients across Calgary as professional, tenacious, and efficient representatives. Sawers McFarlane is located at #920 250 5th St. SW, Calgary, Alberta T2P 0R4. They can be reached by calling (866) 790-3221.