The Factors That Determine Total Disability Benefits.

Initially, you will have to be proven to be disabled in terms of your own occupation, meaning that you are unable to continue doing your current job.

At a two-year mark, the definition of being disabled will change. This test is more difficult to meet because it becomes a total disability test. You need to show that you are disabled from any occupation for which you are reasonably suited by reason of factors that include your age, education, experience, and training, not just the occupation you had when you were injured. One of the factors that will be looked at to determine whether another occupation is suitable will be the amount of income you are capable of earning compared to what you earned before. Even though you may be capable of a minimum-wage job, if you were making substantial income before, you may still be considered disabled because you can’t reasonably be expected to be taking a minimum-wage position.

If you are looking for long-term disability benefits based on a total inability to carry on employment for which you’re reasonably suited, then the test also looks at other factors that could include the possibility of retraining. The insurer will assess you in terms of vocational rehabilitation and look at what other jobs you might be able to do if you are retrained. All those would be part of the test to determine whether there is suitability for Total Disability Benefits.

If you, or someone you care about, is dealing with Personal injury law issues in the Toronto, Ontario Region, contact Tkatch & Associates

This article is taken from a March 25, 2009 interview with Murray Tkatch, LL.B., Personal Injury Lawyer with Toronto Personal Injury Lawyer in Toronto, a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.