proving disability discrimination
Disability discrimination is a serious issue that affects many Canadians. While some employers genuinely care about their employees’ welfare, sadly, it is not uncommon for some companies to hinder the short and long term disability (STD and LTD) claim process. This is unacceptable, and should not be tolerated. If you are experiencing such an injustice, contact an experienced disability lawyer toronto right away.
When a disability is incurred, it often requires time to recuperate and get back to work. During this period, many employees rely on their disability benefits as an income source. As such, these benefits must be protected and should not be denied, delayed or reduced without cause. Unfortunately, skeptic employers and insurance providers frequently harass claimants with disabilities by denying their claims or limiting the duration of their disability benefits. This is a clear breach of an employee’s employment contract and should not be tolerated.
Disability law is a complex and evolving area of law. It is important that your lawyer understands the legal nuances and protocols of this area of the law in order to effectively represent you. For instance, you may need a lawyer who is well-versed in the requirements under the Human Rights Code to accommodate disabled individuals up to and including undue hardship. This is one of the biggest legal challenges in proving disability discrimination, as it is difficult to quantify the effects and impact of a disabled person’s condition.
What are the legal challenges in proving disability discrimination?
It is also important to have a disability lawyer toronto who can deal with the bureaucratic inefficiencies of your insurer’s claim review process. As our Toronto disability lawyers know, insurance companies are notorious for mismanaging and manipulating their clients’ claims to reduce or terminate disability benefits. For example, some insurance adjusters do not properly assess clinical evidence and may dismiss a claimant’s disability on the basis of an incomplete or inaccurate medical file.
Some insurance companies may also refuse to pay LTD benefits because they find that an employee is not completely disabled. This can happen at the onset of a claim, during the own occupation period and even after two years, when an employer must show that you are not capable of working in any job in the economy, and that your condition has a permanent and significant limitation on your ability to perform work. Our disability lawyers have seen this countless times, and it is absolutely unacceptable.
In other instances, insurance companies will simply cut off a disabled employee’s benefits for no apparent reason. This is a violation of your employment contract and can only be rectified by contacting an experienced disability attorney. For instance, your lawyer can help you file an appeal if you were cut off of LTD benefits because of a technicality such as failure to provide an updated work history or to undergo a physical examination. The right lawyer can help you fight these unfair and unlawful decisions by your insurer, and will ensure that you receive the benefits to which you are entitled.
