Category Legal & Law

The process of claiming a long-term disability

Workers in a company are eligible for certain necessary benefits during the time of crisis. Amongst such benefits is getting covered for long-term disability according to Social Security Act. Many workers in Toronto are covered under this act and have the facility to claim the long-term disability when there is a physical or mental illness that restricts them to attend work. This can be done with the help of Toronto employment lawyers as they can understand the claim better and act in the perfect way with the companies or the insurance settlers to ensure that the claim is approved. Unfortunately, some companies decline the claim by stating some difficult to understand reasons and a lawyer is the only source is such matters.

Some primary denial reasons

According to law firms, every insurance company has policy sheet of their own and it needs evaluation before processing a claim. De Bousquet Long term disability Lawyer is one of the most efficient employment lawyers in Toronto and based on his experience there are some primary denial reasons used by companies to restrict the workers from getting their claims. Here are some of the reasons that one would come across quite often when trying to claim their long-term disability suit.

  • The worker has a previous health condition that led to the long-term disability.
  • The reports given by the physician, medical records of the worker and the test results that came out show inadequate data about the disability and do not prove key issues that led to the disability.
  • The disability factors are not according to the characteristics mentioned in the plan.

The insurance companies can have discretion while they deny a worker from the claim. But, lawyers hired from the employment law firms in Toronto ensure that the proper reason is given and see if there are any incorrect aspects in the sheet given by the company. Checking the validity of the reason is very important and the lawyer will certainly help in doing so.

Dishonest acts

Toronto employment lawyers can immediately identify if an insurance company is showing bad faith towards the claimant. It is illegal to show bad faith and it comes under violating the rights of the individual. Here are some acts that show bad faith:

  • Indefinite delay of the payment to the claimant [worker].
  • Making the language in the policy very confusing intentionally so that the company can have advantage over the claimant.
  • Rewarding, thus encouraging, the claim adjusters if they deny the claim.

If the worker observes any one these aspects of bad faith, then he can definitely file a case against the insurance company with the help of employment law firms in Toronto and get the deserved claim. The appeal process is real simple and all that a worker needs to do is select the right employment firm and an experienced employment lawyer to deal with the case. Once the lawyer takes over the case would be solved gradually and the worker will get his long term disability claim.

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5 errors of inexperienced sexual assault lawyers in Toronto

Sexual assault is a very serious case and the consequences can be very serious as well. The suspect can expect any kind of punishment from the court and in Toronto such cases are not taken lightly. Further, if an individual is taken into custody as the suspect, it becomes almost impossible for him to get out as innocent. However, the rare chance of succeeding lies with the help of a criminal lawyer Toronto and how he manages to deal with the case. Unfortunately, there are a lot of ineffective lawyers who are not having the expertise to deal with such cases and commit the following mistakes:

  • Plea Bargain – Prosecutors are very active when it comes to defending their cause and through their words try to force the suspect into accepting the guilt. An amateur lawyer cannot help the client psychologically during this time and the client thinks that it is a good idea to plea for guilty. Suddenly, the harassment case can turn into a rape case. Therefore, it is quintessential to find the experienced sexual assault lawyer as found in Brian Ross Law Toronto to safely get through this phase and avoid severe punishment even though the individual is innocent.

 

  • Cross examination – One thing everyone expects from a lawyer is having proficiency in cross-examining. Unfortunately, some lawyers don’t even recognize the importance of such skills and cannot respond appropriately in the court during the trial. This is where professional lawyers hired from any Toronto criminal law firm will come in handy as they are trained to perform in the court room.

 

  • DNA samples – DNA is the most important evidence in sexual assault case and the saddest part is most of the inexperienced lawyers don’t even try to reinvestigate the DNA report or try to understand the samples. Some even enter into a plea bargain as they find the DNA match and this is a decision that comes out of inexperience. There are cases where the DNA matches but due to other reasons the suspect is cleared off all charges. This is mainly due to the effectiveness of the criminal lawyer Toronto.

 

  • Credibility – Getting to understand the validity of the claims of the psychologists and medical doctors is important to understand the case better. Asking them questions and knowing new angles should be the job of a lawyer. However, young or amateur lawyers take the statements of such people for granted. This means loss or concealment of valuable evidence and the mistake will be on the side of the suspect.

 

  • Suppressing the evidence – Most of the times DNA samples are taken in an unlawful manner and this should be used by the lawyer to use against the officers or the prosecutor. However, inexperienced lawyers don’t want to take the risk of going over the procedure again and let this aspect of the case slip away from them.

As one can observe, all these erroneous actions can lead an innocent to be stated as guilty. The fault would be entirely on the lawyer and the individual has to blame himself for hiring such inexperienced lawyer. So, it is always better to go for an experienced lawyer found in Toronto criminal law firm to improve the chances in a court.

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