Disability can affect anyone whether suddenly through an injury or gradually through illness. When health problems start interfering with work, employees often face two major challenges at the same time: protecting their job and protecting their income. That is where employee disability lawyers come in.
Employee disability lawyers help workers navigate workplace accommodation, disability benefits, and legal claims when employers or insurers fail to do what the law requires.
What is a Workplace Disability?
A disability is not limited to visible injuries or permanent conditions. In employment law, disability can include:
- Physical injuries or chronic pain
- Arthritis, respiratory issues, or mobility restrictions
- Neurological conditions
- Mental health conditions like depression, anxiety, PTSD
- Chronic illness and autoimmune disease
- Cancer and serious medical treatment
- Temporary injuries that significantly limit function
Disability is about how a condition affects your ability to function at work, not just what the diagnosis is.
Your Right to Disability Accommodation
In British Columbia, employers have a legal duty to accommodate employees with disabilities to the point of undue hardship. How accommodation looks can often depend on the nature of the work and the nature of the disability, but generally it may include modified duties, reduced hours or flexible schedules, work-from-home arrangements, or physical workplace modifications.
Accommodation must be real, individualized, and meaningful, not just token gestures. An employer cannot ignore accommodation requests or punish you for having a disability.
The Accommodation Process
Accommodation is supposed to be a shared process. Employees usually need to tell the employer there is a medical issue, provide reasonable medical information and engage in discussions about practical solutions.
In turn, employers must respond to the request seriously, seek and obtain information respectfully and while being cognizant of the employee’s privacy rights, and work with the employee to implement workable solutions.
When this process breaks down, employee disability lawyers step in.
When Accommodation Fails
Accommodating a disability can fail in any number of ways, but common problems we see include when there are endless delays implementing accommodation, where an employer demands unnecessary medical details, where an employer cuts hours/pay instead of actually accommodating or attempts to push an employee out due to disability, or force them into resigning their position.
These types of situations are contrary to the obligation an employer has to accommodate and can lead to human rights complaints, constructive dismissal claims and wrongful dismissal claims. Employers would be wise to take their obligation to accommodate disabilities seriously.
Navigating Workplace Disability Matters
Medical Evidence
Medical evidence must support both:
- Accommodation needs, and
- Disability benefit claims
This usually means your doctors should address:
- What you can and cannot do
- What accommodation might help
- Whether you can return to work
- Whether your condition is temporary or ongoing
Vague notes like “off work” or “needs accommodation” are often not enough.
Retaliation is Not Allowed
It is important for employees to understand that employers cannot punish you for requesting accommodation due to disability, taking medical leave, or filing disability claims. These are an employee’s right.
While an employer is not allowed to punish an employee for such things, unfortunately it does happen and common examples of retaliation can include termination, demotion, reduced hours or pay, or bad performance reviews. These actions in and of themselves can create separate legal claims.
When Leaving Becomes Inevitable
Sometimes, despite everyone’s efforts, accommodation fails. If your employer cannot accommodate without undue hardship, or if they push you out unfairly, you may face job loss.
Employee disability lawyers help you decide whether you can safely stay, help protect severance rights, assist with applications and denials of disability benefits and help you avoid mistakes that hurt your case. Quitting without advice can cost you compensation and benefits.
Disability Benefits at Work
When employees have to leave work for medical leave, many employees have benefits they can rely on to financially assist them including short-term disability (STD) and long-term disability (LTD) benefits.
Unfortunately, insurers will sometimes deny legitimate claims for disability benefits and experienced employee disability lawyers can assist with forcing your insurer to pay the benefits you are rightfully entitled to.
Experienced Employment Disability Lawyers
If you are an employee or an employer dealing with an employment disability issue, contact the experienced lawyers at Taylor & Blair LLP today for a consultation.