Are there any advantages to getting WSIB over LTD?
My LTD pays 70% of my gross pay and is taxable.
Im trying to figure out if i should appeal my wsib WSIB decision.
WSIB if it’s like WCB in BC covers more stuff like medical care, physio, return to work programs, and so on. Depending on the nature of your injury in BC it’s also possible to revive the claim later for delayed onset disability (for asbestos is for instance).
I would think it’s best to get both if you’re eligible, even though any income loss payments would mostly go to your LTD insurer.
You must not give up on a WSIB application or appeal if you receiving LTD insurance benefits. LTD insurers have a loophole in their policies that say they don’t have to pay you if you could have qualified for WSIB or other workers compensation.
I explain this at page 66 of my newest book published this week – Workers’ Compensation Survival Guide – which reviews the 7 most common mistakes to avoid. Mistake #6 at page 66 of the book is “Applying for Disability Insurance Benefits Rather than Workers Compensation”.
We will be giving away free copies of the book soon.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-917-7050 to speak with a member with our disability claim support team.
Thanks David.
If i get approved does my LTD claim automatically close or do they just take dollar for dollar?
Im wondering if i get approved if my LTD claim ends?
Right now im approved until 65. From what i hear it’s very difficult to get approved for wsib until 65.
Approval for each of WSIB and LTD is completely independent. WSIB approval depends on meeting the statutory requirements to qualify. LTD approval depends on meeting the definition of disability in your LTD insurance policy.
You will have to check your LTD policy for the details of how your LTD works, but the usual way they come together is that the LTD insurer can deduct the amount of your WSIB or CPP Disability from the amount that they pay you each month. If you stop getting WSIB but are still disabled under your LTD policy, then LTD would go back to paying you their full LTD payment.
Note that you are not “approved” for LTD until age 65 - it will only keep paying until age 65 if you are still disabled under the definition of your LTD policy. After age 65 your LTD will stop even if you are still disabled, so be sure to set aside some of the monthly payments for retirement.
Apply for both. I just saw this happen with my employer, people on WSIB didn’t apply for LTD, and because of that they didn’t get pension top ups and other stuff. You can be on both WSIB and LTD at the same time as far as I know. What will happen is LTD will deduct any money you get from WSIB, which is usually all of it, but you can still get benefits from being on LTD (like pension etc).
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Its a dollar for dollar offset. LTD offsets the Workers Comp.