Legal Rights and Protections for Disabled Workers

Disabled Canadians face unique challenges. They experience an unemployment rate almost double that of non-disabled Canadians. Employees living with disabilities also face barriers and discrimination, including challenges getting their rightful benefits. Fortunately, there are laws that protect them.

If you have been denied long-term or short-term disability benefits in Hamilton or any surrounding communities, contact Derek Wilson Personal Injury Law. When you contact Derek Wilson Personal Injury Law, you speak with law firm founder Derek Wilson, not a junior lawyer. In a free consultation, let’s talk about the specifics of your case and how you may be able to pursue fair benefits. 

Knowing Your Legal Rights in Canada

In Canada, the legal rights and protections for disabled workers at the federal level are centered around the Canadian Charter of Rights and Freedoms and the Accessible Canada Act. These laws protect you from discrimination as an employee, in specific situations.

Canada also signed The Optional Protocol in 2010, alongside other countries who all agreed to abide by specific laws and protections for people living with disabilities. The goal was to make sure that those living with disabilities have the same rights as everyone else.

In addition to Canada’s legal rights and protections for disabled workers, Ontario workers enjoy robust protections under The Ontario Human Rights Code. This Code protects individuals from discrimination in housing, employment, contracts, unions, professional and trade associations, facilities, services, and goods-based businesses.

However, seeking help through these laws can take a long time and doesn’t usually address the most common issues employees run into when they face a disability.

One of the most common challenges workers in Ontario face is getting their short-term or long-term disability benefits. These benefits are offered by employers or group plans, and they’re meant to cover you when you can’t work. If you’re injured or ill, these benefits are intended to help you pay for your bills so you can heal.

The trouble is that many employees find it difficult to get the benefits that should be rightfully theirs. For example, you may be denied long-term disability benefits even if your doctor says you can’t return to work. In this situation, the insurance company may simply say you can return to work — even if your doctor disagrees. This puts you in a difficult position where you need to prove your disability.

Another common situation happens where an employer simply cannot accommodate your injuries. In this situation, you may not be able to do the work available in your workplace, but the insurance company may deny you benefits because you theoretically could work. Or, your HR manager or employer may try to pressure you to return to work, even if the conditions of the workplace don’t accommodate your injury.

Another situation where your rights may be an issue is when you are returning to work. It’s unfortunately not uncommon for an insurance company to try to push you back to work before you can safely do your job. The insurance company will work with an independent examiner  who will review your medical records. Don’t let the word “independent” fool you here — this professional can and often does dispute your own doctor’s medical findings.

It can be frightening to be told you must return to work or face having your benefits cut off. You may worry about covering your everyday expenses without benefits, but you’re also right to worry about the risks of returning to work too early. Doing so before your doctor clears you for work can mean a higher risk of re-injury.

During the healing process from any serious injury, such as a broken bone, your body heals gradually. During this process, if you aggravate an injury or re-injure yourself, your prognosis could be troubling. For example, patients who sustain a second head injury before they have healed from an existing traumatic head injury are at risk of Second impact syndrome (SIS), a medical condition that is often fatal.

According to a study published in the Journal of Trauma, the highest risk of re-injury is between 6 months and a year following an initial injury. However, researchers found that patients remained at risk of complications and serious re-injury for up to five years following an initial injury.

Fortunately, you do have legal rights in Canada and can’t be forced back to work, even if the insurer tries to tell you that you must return. Your employer must also hold your position.

Disability claims denial unfortunately happens all too often, and if it happens to you, you’ll want to contact a Hamilton disability rights lawyer who can work with you to get your benefits. A disability lawyer understands the legal rights and protections for disabled workers and how they apply to your case. When you work with a lawyer, you don’t have to research and figure out these laws on your own.

Making a Complaint

Where can you turn if you feel your rights have been violated because you have been denied disability benefits? For example, what happens if you feel your long-term disability benefits have been denied because of discrimination against you? Or, what if you feel the denial of your disability benefits amounts to discrimination?

You may have a rights case under federal or provincial law and one option may be to try to contact relevant programs and social services in your area or to file a complaint with the Canadian Human Rights Commission. However, this process can be complex and can take months or years, depending on workloads and the complexity of your complaint. When you’re injured, you simply may not have the time and energy to tackle this.

Another option you may have is to file a lawsuit if you have been denied disability benefits. You will need to contact a lawyer to find out whether this is possible in your situation. Many employees choose to consult with a long-term disability benefits lawyer because this type of lawyer can explain their rights and what may be possible in their case.

When you work with a lawyer, your lawyer is the one who is handling the details of the case, including negotiating with insurance companies. Your lawyer is also focused on getting you benefits, so you can pay your living expenses while you can’t work. Many injured workers choose to consult with a disability benefits lawyer because their main goal is to get their benefits.

You have many options for seeking redress if you face barriers or any discrimination. Explore all your options, seek legal help if you need it, and know that ultimately how you decide to proceed is personal. You need to take the steps that protect you.

If you do face a denial of disability benefits, however, seeking justice as well as your rightful benefits can be important. It can help you seek fair treatment for yourself and for others. After all, legal rights and protections for disabled workers are only as strong as the enforcement of those rights. When more people speak up about bad behavior on the part of insurance companies, more can be done to stop it.

If you apply for long-term disability and you get wrongfully denied, this may not always be discrimination, but it can affect your ability to pay for the basics of life. If you can’t work because of your disability, getting your benefits isn’t a “nice to have.” It may be essential to help you pay for food, shelter, and medical care. Without these benefits, you may find yourself in a very precarious financial position.

Do I Have to Tell My Employer About My Disability?

In some cases, you may not have an option to disclose your disability in the workplace because your disability is highly visible. If you’re living with an invisible disability, however, you have to decide whether to tell your employer about your disability or not.

However, if you’re applying for disability benefits or seeking accommodation for your disability, you will need to disclose some information. You will be asked for details about your disability and injury, the limitations you face, and your ability to perform the essential functions of the job. If you have a temporary disability and are away from work because of it, you may also need to share when you expect to return to work.

For example, if one of the essential duties of your job is that you may need to drive the company car and you suffer an injury that leaves you unable to drive, it’s reasonable for an employer to need to know whether you can drive the car or whether you can conduct meetings through video conferencing rather than by meeting with vendors in person. If you can’t meet via video conference, you may not be able to do an essential part of your job and may qualify for disability benefits.

If you’re applying for short-term or long-term disability benefits, start by reading the insurance policy so you understand what needs to be shared and what does not. This can help ensure that you can work with your doctors to provide the information the insurer needs, improving your chances of getting your benefits.

Contact Us If You Feel Your Rights Have Been Violated

People living with a disability can face many kinds of discrimination and challenges in the workplace. One challenging situation can happen when you apply for long-term disability benefits.

Long-term disability benefits provide a portion of your regular income, sometimes as much as 60 to 80% of your usual pay, up to a cap specified by the insurance policy. The idea is that if you’re seriously injured or disabled and can’t work for a year or more, this benefit will help you pay for your bills, including housing and food, while you can’t work. Long-term disability can be paid out for years or up to your retirement, again depending on the policy. If your employer doesn’t offer this benefit and you don’t have a group plan, you may qualify for Canada Pension Plan Disability Benefits (CPPD) through the government.

In either case, Canadians rely heavily on these benefits if they’re too disabled to work. Many Canadians can’t easily cover housing, food, and other life essentials without a job, so if a disability disrupts income, long-term disability benefits can be the lifeline that allows individuals to live with dignity.

Since long-term disability benefits are administered through insurance companies or government programs, when you need these benefits, you will need to meet strict eligibility criteria, prove your eligibility, and apply correctly to get your rightful benefits. Unfortunately, in some cases, eligible workers are denied benefits or get less than they deserve. Common reasons for denial include errors in the paperwork, lack of medical evidence, and other factors that insurers can see as red flags.

Unfortunately, even if you are disabled and should be getting your benefits, any of these common reasons for denials can leave you without the benefits you need. This can cause you to lose assets, work through your savings, and leave you in significant financial distress. Fortunately, there are solutions.

The claims process for long-term disability benefits is complex, and mistakes happen. If you have received a denial letter and are worried about your future, reach out to Derek Wilson, Personal Injury Law, for a free consultation.

The team at Derek Wilson Personal Injury Law has already helped many hard-working Ontarians get their rightful disability benefits after a denial letter. As the founder of Derek Wilson Personal Injury Law, I have more than 25 years of experience in negotiation and personal injury and long-term disability cases. In fact, that’s all I do, and I’m selective about the cases I take so I can provide you with the personalized attention you deserve. You see when you work with Derek Wilson Personal Injury Law, you work with me and not with a junior lawyer.

And when you work with me, you work with someone who has experience with insurance companies. Before dedicating myself to helping those living with disabilities and serious illnesses, I worked at a boutique Toronto law firm, defending insurance companies. This allowed me to see how insurance companies (and their lawyers) think and what they do to win. Today, I use this experience to help you seek the fair benefits you need.

How Can Derek Wilson Help?

When you work with Derek Wilson Personal Injury Law, our team looks at your denial letter and explores why your claim was denied. We know how to secure evidence of your disability or injury and present it to insurers so you can get fair compensation.

When you work with Derek Wilson Personal Injury Law, our team charges no up-front fees, and you enjoy free consultation, too, so there is no risk or cost in getting a lawyer’s opinion about your situation.

If you have applied for long-term disability and your claim has been denied, contact us at Derek Wilson Personal Injury Law at 855-769-0418, or by reaching out online to schedule your free consultation. Even if you’re not sure you have a case or if you’re not sure whether you need a disability benefits lawyer, an employment lawyer, or someone else–give us a call. I’ll review your situation free of charge and will work to help you or recommend someone who can.