Lawyers for Employee Disability Matters
When a worker suffers and illness or injury that effects their ability to perform the duties of their job but they are still able to work an employer has a positive duty to accommodate. This scenario often occurs when a worker returns after time off due to illness or injury on short-term or long-term disability. While they are able to return to work they require changes to their workplace duties, providing ergonomic equipment, or changes to schedule due to medical appointments or child dare or other restrictions.
Employers have an obligation to accommodate employees with disability up to the point where doing so creates an “undue hardship”. The test of what is or is not an undue hardship is dependent on many factors, including the steps that have been taken to accommodate an employee and the impact of those accommodations to the employer.
A failure to accommodate a disabled employee could result in a Human Rights claim or a claim of constructive dismissal.
Employers Not Accommodating Disabilities
If you feel your employer has not properly accommodated your disability contact the lawyers at Taylor & Blair LLP and we can review your circumstances and ensure you get treated fairly and with respect.
For employees with disabilities that are denied long-term disability coverage, we can also assist you with these claims as well. Contact us regarding your denied disability claim.