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Should I move to court over the LTD claim
#1
Hi,

I am from Ontario, Canada. 

I registered to this thread to clarify certain doubts about my brother's condition. He was a construction worker. Six months back he had an accident at the site which injured his spine. He is paralyzed hip down. 

The insurance company has agreed to give compensation (2.5K/month for 12 months) but, I feel like the sum they offer is just. I read on this page of an online law portal  https://www.campisilaw.ca/long-term-disability-lawyers/ that it is possible to ask for higher compensation for long-term disability through an attorney. The only thing that is stopping from seeing an attorney is the fees.  I heard that a certain significant percentage of the claim will be spent for lawyer's fees. 

Should I move the case to the court? Please, advice.
 
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#2
Generally litigation and use of the court system is to resolve disputes. You don,t know what benefits are available or what you are entitled to. You really have no basis for disputing their amount especially since you "think" it's just.
You should get more information as to what Ontario comp law provides and how much you qualify for before trying to argue or prove a different amount to the court.
You can find out more information here (wage loss formula are in thhe policy manual)
http://www.wsib.on.ca/WSIBPortal/faces/W...19jn4v6_96

Or consult with an atty (who specializes in comp law) who will do the work for a fee.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(01-05-2017, 07:35 PM)1171 Wrote: Generally litigation and use of the court system is to resolve disputes. You don,t know what benefits are available or what you are entitled to. You really have no basis for disputing their amount especially since you "think" it's just.
You should get more information as to what Ontario comp law provides and how much you qualify for before trying to argue or prove a different amount to the court.
You can find out more information here (wage loss formula are in thhe policy manual)
http://www.wsib.on.ca/WSIBPortal/faces/W...19jn4v6_96

Or consult with an atty (who specializes in comp law) who will do the work for a fee.

Thanks very much. Let me go through the link.
 
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#4
I think it would be worth having a few consultations with an attorney. In the US attorney's do not charge for consults. I am not familiar with what goes on in Canada.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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