Personal Injury Cases – Are You Eligible for Disability Benefits?

Badre Law Personal Injury Disability Benefits Eligibility

Accidents happen all the time. Depending on how badly the victim is hurt, they may need to take time off work in order to recover fully. There are different disability benefit plans and programs in place to help cover the loss of income because of the injury. Many personal injury cases result in the victim making a disability claim, but the number of options can be overwhelming and confusing. Below is a brief overview of some of the different options you may be eligible for.

Disability for Personal Injury

A number of things, such as: car accidents, slip and falls, boating accidents and more can cause serious personal injuries that leave you unable to return to work right away, or at all. In these personal injury cases, you have the option of filing a disability claim to cover your income loss while on leave.

Disability Benefit Plans & Programs

First, you need to figure out which disability plans and/or programs you are eligible for. Here are some of your options:

Workers Compensation Benefits are only for those who suffered a workplace injury. For Ontario workers, WSIB can offer benefits like covering for lost pay and help to recover.

Short-term Disability Benefits are for people who need 1 – 3 months off work. Each disability plan can offer different benefits so you’ll need to find out what your plan specifically offers. If your employer doesn’t offer short-term disability benefits, don’t worry, there are a few other options you may qualify for.

Employment Insurance Sickness Benefits can cover you if your employer doesn’t offer short-term disability benefits. For up to 15 weeks, EI can provide you with income replacements benefits. However, in order to be eligible for EI you must be employed by a qualifying employer, have already earned 600 hours of insurable employment and your income must be reduced by at least 40% as a result of not working.

Long-term Disability Benefits are for when you are unable to return to work for the foreseeable future. You must be covered under an insurance policy or disability plan (a policy you bought yourself or a workplace disability policy provided by your union or employer).

Canadian Pension Plan Disability are for those under 65 who meet the CPP contribution requirements. You are eligible to receive payments after you have been off work for 4 months because of a continued disability. If you are receiving disability payments from another insurer or social assistance program, you may still be able to receive CPP disability payments as well; however, your other payments might be adjusted accordingly.

For the more serious personal injury cases that result in your not being able to return to work, disability claims are an option to cover your loss of income until you are able to recover. A disability claim will be different for every case because your injury, how it happened and what benefits you’re eligible for are all taken into account. A personal injury lawyer can help you with your personal injury case as well as help determine which disability benefits you may be eligible for and explain the next steps. It’s important to keep in mind that not every disability claim is accepted. You will need as much medical proof as possible, along with other evidence to support your claim.