Short-Term Disability
Short-Term Disability Lawyers Ontario
Losing your income due to disability is frightening. You're worried about bills, your future, and navigating complex insurance claims while dealing with health challenges. You're not alone in this struggle. Our short-term disability lawyers Ontario have helped over 300 clients secure the benefits they deserve, and we understand exactly what you're going through. When your insurance company denies your claim or your employer creates obstacles, you need experienced legal representation with a personal touch. We work on contingency—you don't pay unless we win. Most clients receive their first consultation within 24 hours, and we're available to discuss your situation right now. Call us today at 905-744-8888 for your free consultation. Let's talk about your situation and how we can help you get the disability benefits you need to focus on your recovery.
STD Process, Denial Triggers, and LTD Transition (2026)
Short-term disability runs on tight timelines. Knowing the standard process — and where insurers commonly deny or terminate benefits — helps you protect both the STD claim and the LTD claim that often follows.
Standard STD timeline
- Elimination period: usually 0 to 14 days from disability onset, depending on the policy or collective agreement.
- Initial decision: insurer typically responds in 4 to 8 weeks of the completed application.
- Benefit duration: most STD policies pay for 17, 26, or 52 weeks. After that, coverage rolls into LTD if the same condition still prevents work.
- Internal appeal of denial: usually allowed within 30 to 60 days. We often advise pursuing legal action in parallel rather than relying solely on the appeal — STD lawsuits have a strict two-year limitation period.
- LTD transition: the LTD application generally must be filed in the final weeks of STD, before the cut-off, even if STD is being terminated early.
Most common reasons insurers deny or terminate STD
- Insufficient medical documentation — the attending physician's statement does not specifically address the policy's "total disability" definition.
- Surveillance evidence — insurers regularly use covert video, especially in physical-injury and chronic-pain claims.
- Independent Medical Examination (IME) opinions contradicting the treating physician.
- Pre-existing condition exclusions in policies with a 90-day or 12-month look-back.
- Termination at the "change of definition" point in policies with a two-year own-occupation period followed by an any-occupation test.
If STD has been denied or cut off, time matters. Get advice before the LTD deadline lapses, and avoid signing any release without legal review. We work on contingency — no fee unless we win — and offer a free consultation. Call 905-744-8888 to speak with our short-term disability lawyers Ontario today.
Last Updated: May 2026 | This page is reviewed quarterly to reflect current Ontario insurance law and case law.
STD vs. LTD vs. EI Sickness Benefits
Three different income-replacement options cover Ontario workers off the job for medical reasons. They have different rules, different durations, and different tax treatment. The table below shows how they compare.
| Feature | Short-Term Disability (STD) | Long-Term Disability (LTD) | EI Sickness Benefits |
|---|---|---|---|
| Source | Private insurance (employer plan or individual policy) | Private insurance (employer plan or individual policy) | Federal government (Service Canada) |
| Typical duration | 17, 26, or 52 weeks | 2 years (own-occupation) then to age 65 (any-occupation) | Up to 26 weeks |
| Income replaced | 60–80% of regular pay (varies by policy) | 60–70% of regular pay (varies by policy) | 55% of insurable earnings, max ~$695/week (2026) |
| Waiting period | 0–14 days (elimination period) | Until STD ends (commonly 17–26 weeks) | 1 week |
| Tax treatment | Tax-free if employee paid premiums; taxable if employer paid | Tax-free if employee paid premiums; taxable if employer paid | Taxable |
| Required by law in Ontario? | No — employer benefit only if offered | No — employer benefit only if offered | Yes — funded by EI premiums |
Where an employer plan exists, the insurer typically requires you to apply for STD before EI sickness — most policies offset EI benefits dollar-for-dollar. Job-protected medical leave under the Employment Standards Act runs alongside whatever income-replacement source applies; you cannot be terminated for taking it.
Related Resources
Explore these guides for more on short-term and long-term disability claims in Ontario:
- Short Term Disability Claim Denied? Appeal Now (18 min read)
- Short Term Disability in Ontario Explained (12 min read)
- Long Term Disability Denied in Canada? What To Do Next (20 min read)
- Independent Medical Examination LTD Ontario: Legal Help (18 min read)
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