When a person becomes disabled and unable to work, the law says that an employer must keep that person’s job open for a reasonable period of time and must make reasonable accommodations for that person’s return. That could mean anything from a modified work station or modified hours to light duties or a different, lighter job.
However, not every employer follows these rules. Often the employer simply cannot wait for the disabled person to return, or is concerned about a disabled worker returning and injuring his or herself on the job, resulting in further delays in a return to work and an added expense to the employer in the form of a Worker’s Compensation claim.
In many cases the employer threatens to, or actually terminates the employee. This can have a devastating emotional and financial impact on a disabled person who is already in great pain and financially disadvantaged. Termination could mean a loss of group benefits, such as prescription and rehabilitation coverage, or an end to Canada Pension Plan contributions, which could affect a disabled person in the long-run. It can also have an impact on the short or long-term disability benefits, which are the sole financial means of survival for a disabled person.
Luckily, our team of experienced injury and disability lawyers in Toronto has successfully navigated these waters before on behalf of our clients. We also have access to some of the top employment lawyers around, who work with us to find the best solution to an employment situation, whether that means forcing an employer to reinstate a disabled worker or getting that worker a significant severance package to ease his or her financial concerns.