When selecting a Long Term Disability Benefits Lawyer, or Long Term Disability Law Firm, it is important that they have the knowledge and experience in areas that will have a direct impact on your long term disability claim. These areas of expertise include employment law, pension law, and human rights law.
Employment law can impact your long term disability claim against an insurance company. What happens if I lose my job while on long term disability benefits? What happens if I receive a severance package while receiving long term disability payments? Does my pension continue to accrue? What do I do if my insurance company asks me to apply for Canada Pension Plan Disability benefits (CPPD benefits)? These are all questions that relate to employment law.
Frustration of contract
What happens if you get fired while you are claiming long term disability benefits? When an employee is unable to return to work, employers will raise the concept of frustration of contract or will claim that the employment contract is frustrated. A frustrated contract effectively terminates the employee and employer relationship. This is a common occurrence when clients are off work and receiving disability payments. Usually, an employer will claim a frustration of contract after an employee has been off work on disability for approximately 24 months.
Receiving Severance Package
It is not uncommon to receive a severance package from an employer while on long term disability leave. However, it is important to consult a disability lawyer before agreeing to a severance package. Most long term disability contracts provide that any income received will be used to offset your Long Term Disability payments. In other words, the severance package amount you receive could go into the pockets of your insurance company.
Canada Pension Plan Disability Benefits
Many insurance contracts require eligible employees to apply for Canada Pension Plan Disability benefits. A lawyer with Canada Pension Plan Disability benefits expertise will be able to assist you through this process. Please see our article “Applying For a Canada Pension Plan Disability Benefits”.
Pensions and Long-Term Disability
If you are contributing to a pension plan where your pensionable time accrues while you are receiving long term disability benefits and short term disability benefits you will want a lawyer knowledgeable in pension law to represent you.
Human Rights Lawyer
Duty to Accommodate
Can an employer refuse a return to work while on Long Term Disability? An employer has the duty to accommodate an employee for an attempt to return to work. However, this duty is not limitless. Insurance companies will sometimes argue that the employer is able to accommodate the employee’s limitation and cease long term disability payment. However, an employer has the obligation to accommodate an employee’s return to work up to the point of undue hardship. Please see our article “The Duty to Accommodate”.
Return to Work
As mentioned above, an employer has the duty to accommodate a return to work. Notably, a partial return to work can prevent an employer from being able to claim that an employment contract is frustrated. Moreover, some insurance contracts provide that the insured can receive income from their employer in addition to long term disability payments without being subject to an offset provided that the income is earned as part of an agreed “return to work plan”.
Other important considerations when choosing a Long Term Disability Benefits Lawyer
When applying for Long Term Disability Benefits or when your Long Term Disability Benefits are denied, consider the following :
- Choose a lawyer who has contacts with medical experts that will assist in providing evidence to support your claim;
- Check Google reviews for the firm or the lawyer; and
- Meet with multiple lawyers and law firms to determine the best fit for you.
Please see the following articles concerning what to expect should your long term disability be denied: