As a small city surrounded by agricultural lands and situated along the Niagara Peninsula escarpment, Welland has seen a shift away from industrial jobs towards service-oriented positions. Nevertheless, persistent risks still threaten the wellbeing of workers within the remaining factories, warehouses, farms, and other enterprises. Frequent causes of harm include overexertion, contact with objects/equipment, slips, trips, and falls, which contribute significantly to lost time claims among Ontarians.[4]
The consequences of job-related injuries and illnesses may lead to long-term absences, permanent disabilities, or worse. For these reasons, it is vital to rely upon robust insurance policies that cover medical expenses, rehabilitation costs, and income substitution when necessary. Alas, insurance companies often contest legitimate claims or issue lowball settlement offers, prompting many victims to seek professional assistance from disability lawyers who specialize in advocacy and negotiation.
In the case of Doyle vs Allstate Insurance Co.,[5] Mr. Doyle was injured following a car collision. Despite being diagnosed with chronic pain syndrome, Allstate refused to extend his policy benefits beyond a certain period, arguing that he had reached maximum improvement. After litigation, the court ruled in favor of Mr. Doyle, finding that Allstate acted unreasonably and unfairly. The verdict ensured continued coverage until the claimant achieved a fair and just outcome.
Working in Welland, Canada can come with a range of potential hazards, depending on the occupation. For example, industrial workers may face risks associated with heavy machinery, while healthcare workers may be exposed to contagious diseases. Regardless of the specific risks, it is important for workers to have access to disability insurance in case of injury or illness.
However, insurance companies are known to deny disability claims for a variety of reasons, including failure to meet the criteria outlined in the policy, lack of evidence, or even bad faith practices. In the case of Welland, there have been several Canadian court cases where disability insurance appeals were denied:
- In Kassburg v. Sun Life Assurance Company of Canada, 2014 ONSC 4744, the plaintiff, a dentist from Welland, was denied disability benefits by Sun Life after being diagnosed with chronic pain and anxiety. The court ultimately sided with Sun Life, finding that the plaintiff did not meet the criteria for disability under the policy.
- In Baker v. Unifund Assurance Company, 2002 CanLII 45073 (ON SC), the plaintiff, a truck driver from Welland, was denied disability benefits by Unifund after suffering a heart attack. The court ultimately sided with Unifund, finding that the plaintiff failed to provide sufficient medical evidence to support his claim.
These cases demonstrate the importance of having experienced disability lawyers on your side when appealing a denied claim. A skilled lawyer can help navigate the complex legal system and ensure that your rights are protected. If you have been denied disability insurance in Welland, don’t hesitate to seek legal help.
