What should I do if I cannot work due to my medical condition?

you can't work after your car accident in Ontario

If you are hurt or suffer from an illness and you cannot work, the first thing to do would be to meet with your doctor.  You should discuss your condition and whether the condition is one that stops you from working.  If your doctor agrees that your condition impacts your ability to work, immediately contact your employer to advise that your medical condition requires that you take time off work.

As well, you may inquire of your employer if you have entitlement to short-term disability benefits (if you are not already aware of it) or sick leave.   If you have neither, you may proceed with applying for EI disability benefits, which provides you with benefits for up to 15 weeks.

You may also wish to ask your employer for the application to make an application for disability benefits.  Of course, these applications are available online making it much easier to obtain the necessary documentation to make apply for benefits.  

Once you fill out the application you may need to see your family doctor to have him or her fill out a medical form.  Make sure this is done in a timely fashion and that the form is submitted to the insurer as soon as possible.

If the insurer approves your disability claim, you will receive an amount in accordance with the terms of the policy.  You will be subject to the terms of the policy and will have to abide by those terms.

In the event the insurer denies your claim, you may be offered an opportunity to appeal the decision.  I often do not recommend this as there is little evidence that the appeal is successful, and it simply delays the matter further.  There are timelines involved with making an appeal so make sure you are apprised of that timeline.

Whether your claim is denied at the outset or benefits are stopped after receiving benefits, you must decide whether to meet with a lawyer or not.  Typically, you should seek the advice of a lawyer who is well versed in personal injury law and practices in that area.  The lawyer will help to review your case and, if necessary, commence a lawsuit.  Remember, there are limitation periods involved when your claim is denied.  If you miss those limitation dates then you may be barred from recovering under the policy.  It is, therefore, of the utmost importance that you immediately seek the advice of a lawyer.

Tullio A. D'Angela

Experienced Disability and Personal Injury Lawyer.

Get every dollar you deserve. Free initial consultation. You don't pay unless you recover.