Navigating Winter Cycling Accidents in Ontario
Van Dyke Law Blog
by stemwebadmin
5M ago
As winter blankets Ontario in a layer of ice and snow, avid cyclists often find themselves confronted with unique challenges. Cycling during the colder months can be an invigorating experience, but it also comes with an increased risk of accidents. In this blog post, we’ll delve into the common causes of winter cycling accidents in Ontario and provide insights into what injured victims should know about launching a lawsuit to seek compensation for their injuries. Understanding the Risks in Ontario Winter cycling in Ontario presents a set of challenges specific to the region. Snow-covered roads ..read more
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What NOT to do After a Car Accident
Van Dyke Law Blog
by stemwebadmin
7M ago
Emotions can run high in the wake of a car accident, so it’s easy to make decisions that aren’t to your advantage and can complicate matters in the long run. The steps you take are important for your personal safety, as well as legal and insurance reasons. Below is a list of things you should not do if you’re involved in a car accident: Leave the Scene It’s against the law in Ontario to flee the scene of an accident, even if it seems minor. Ensure that everyone’s safe and stay put. You can move a vehicle only if it poses a danger, but leaving the scene without due procedure may lead to legal r ..read more
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Individual vs. Group Long Term Disability Insurance
Van Dyke Law Blog
by stemwebadmin
8M ago
If you’ve been involved in an accident or diagnosed with a degenerative condition, you understand the financial impact a significant injury can have. Recovery can extend for months, years, or even become permanent; making your long-term disability (LTD) benefits essential to supporting you and your family. In this post, we will explore an important first step to filing a claim: clarifying which type of LTD insurance policy, or policies, you are covered by. In Ontario, workers are often initially covered by short-term disability benefits, which can last between 15 to 52 weeks before their LTD b ..read more
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The Notice Period for Slip and Falls for Snow and Ice in Ontario
Van Dyke Law Blog
by stemwebadmin
8M ago
If you have been injured in a slip and fall accident as a result of snow and ice, you should be aware of the notice period for slip and fall claims in Ontario. As of January 29, 2021, section 6.1(1) of the province’s Occupiers’ Liability Act provides a 60-day limit on anyone pursuing a claim alleging injury in an incident involving ice or snow. Before the amendment, plaintiffs had more time to get medical treatment and focus on their recovery without serving notice right away. Notice could be served within two years of the accident unless it happened on municipal premises. In that case, notice ..read more
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Understanding WSIB Limitation Periods
Van Dyke Law Blog
by stemwebadmin
9M ago
If you’re making a Workplace Safety and Insurance Board (WSIB) claim or appeal that’s related to workplace injuries or illnesses, you should be aware of the time limitations involved. Under Ontario’s Workplace Safety and Insurance Act, you have six months to report your injury or illness to the WSIB and claim benefits following the date of your injury or diagnosis. For those facing an occupational disease, you must file your claim within six months of learning of the disease. The Worker’s Report of Injury/Disease (Form 6) is used to apply for these benefits. If you disagree with a WSIB decisio ..read more
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My LTD Insurer is Treating Me Unfairly. What Should I Do?
Van Dyke Law Blog
by stemwebadmin
11M ago
An insurer can challenge your long-term disability (LTD) claim, from claiming you haven’t provided sufficient medical documentation to refusing your claim outright. And if the company’s adjuster on your file is rude and unhelpful, it can just make the process that much more frustrating and overwhelming. If you believe your insurer is acting unfairly, it is important to take action to protect your rights and seek a fair resolution to your situation. Steps to address the issue can include these key considerations: Understand your policy Document everything Record all conversations with your adj ..read more
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Signs Your LTD Benefits Might End
Van Dyke Law Blog
by stemwebadmin
1y ago
If you’ve been unable to work due to a disabling medical condition and are receiving long-term disability (LTD) benefits, you should be aware of signs that they may be coming to an end. These benefits can be so important if you’re struggling with a disability as well as the challenge to meet financial needs, so you should know in advance if they might be terminated. In Ontario, LTD benefits typically continue until one of the following happens: Benefits have reached their maximum duration as outlined in the policy Your medical condition has improved and the policy’s definition of disability i ..read more
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Ontario’s “Secret Deductible” for Car Accident Damages
Van Dyke Law Blog
by stemwebadmin
1y ago
Most people are shocked to find out that Ontario insurance companies are given a $44,000 “secret deductible” when seriously injured car accident claimants are awarded pain and suffering damages. This money is taken from the total amount of non-economic damages—such as serious and permanent chronic pain or injuries to extremities—that an injured person receives. It does not apply to economic damages, such as medical expenses or lost wages, or to damages awarded when the accident injuries are catastrophic. Impact on compensation The deductible is often referred to as “secret” since it is not wid ..read more
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Insurance Surveillance: What Is It and What Can Injured Victims Do About It?
Van Dyke Law Blog
by stemwebadmin
1y ago
Surveillance by Canadian insurance companies is a controversial issue. The practice involves insurance companies using various forms of monitoring to investigate claims made by injured victims. The aim is to gather evidence that can be used to deny or reduce the compensation paid to claimants. In this blog post, we will explore what surveillance is, how it works and what injured victims can do about it. What is surveillance? Surveillance is the monitoring of an individual’s activities, behaviour and movements. In the context of insurance claims, surveillance often involves hiring investigators ..read more
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Your LTD Claim Obligations
Van Dyke Law Blog
by stemwebadmin
1y ago
If you have an injury or illness and can’t perform your job for an extended period, Long-Term Disability (LTD) insurance provides you with a portion of your income to help cover living expenses. These benefits are typically paid monthly under an insurance policy, usually at least 60 percent of your base salary, up to a maximum amount. Most insurance policies cover illnesses and injuries that prevent you from doing your job, including cancer, diabetes, respiratory conditions such as asthma and COPD, neurological disorders such as stroke, MS, ALS and epilepsy, chronic pain, mental health disorde ..read more
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