Long Term Disability Claim Denials For Covid-19 Long-Haulers

A Constructive Dismissal At Common Law

With the rampant growth of the Covid-19 cases, there are more and more employees who have unfortunately contracted the virus and thus had to take medical leaves from their work.

For some people, the Covid-19 symptoms can last for weeks or even months. This condition can affect any one regardless of age or health conditions. Research shows that an estimate of 10% of Covid-19 patients become long-haulers. Due to the prolong symptoms and long-term fatigue, these long-haulers are often unable to work. To further exacerbate the matter, insurance companies are often reluctant to approve the long-term disabilities claims for Covid-19 long-haulers, which renders them in a precarious financial situation and forces them to plan for the worst.

In this blog, we will explore some common questions in connection to long term disability denials for these Covid-19 long-haulers.

Q: Who are Covid-19 long-haulers? What are their common symptoms?

The Covid-19 long haulers refers to those patients who has suffered the long-lasting coronavirus symptoms for months. The common symptoms usually include but are not limited to body aches, joint pain, shortness of breath, difficulty in sleeping, loss of taste and smell, and chronic fatigue. Due to these symptoms, most of the Covid-19 long-haulers are unable to go back to work.

Q: Can I take any proactive steps to ensure that my long-term disability claim is not denied by the insurance company?

First, you need to be in touch with your attending physician or family doctor so that they could get to know your situation. Then, you should closely follow your doctor’s recommendations, failing which the insurance company may deny your long-term disability benefits for non-compliance. In the meantime, you need to make sure that your insurance company receives your doctor’s letter or note, stating why you are unable to go back to work.

Q: How can I qualify for a long-term disability benefit under the long-term disability policy?

In most long-term disability policies, they provide benefits to the claimant for the first two years if you are unable to do all or substantially all of the tasks required by your current job. After two years, in order to continue enjoy the long-term disability benefits, you must be unable to perform any occupation that you are reasonably qualified for given your education, training or past experiences.

Q: Do I need to file a claim in order to receive long-term disability benefits?

Yes, it is required that you file a claim if you want to receive long-term disability benefits. If you are receiving coverage from your employer, contact your employer for instructions. Otherwise, you should contact your insurance provider.

Q: What should I do if the insurance company denies my long-term disability claim?

If your insurance company denies your long-term disability benefit on the basis that the policy does not cover long-term Covid-19 symptoms, you could contact your insurance adjusters and ask them where this is stated in the policy. This is often a trick played by the insurance company. As long as you cannot go back to work because of the long-lasting Covid-19 symptoms and you have a doctor’s report, letter or note to confirm that, you have a case. As this can be a complicated matter, it is advisable to consult a lawyer for guidance.

If you are experiencing any legal employment issues in connection to the Covid-19, Employment Lawyer Toronto, Stacey ball can help you determine your legal options. Please call us at 416-921-7997, extension 227.

For help in all matters of employment law in Toronto call us today.

Call: (416) 921 7997 Ext.225
Or

    Request an Appointment