Earlier this year, a 56-year-old electrician in Ontario was rear-ended on the highway. Before the collision, he was healthy and active. He worked full-time, played hockey and went camping with his kids.
His vehicle was totalled. He suffered a serious knee injury that required surgery and has since been dealing with chronic back pain, fatigue, headaches and migraines. He may eventually require a knee replacement.
He also hasn’t been able to return to work.
When he first sought legal help, his focus was understandably on the car collision. But his situation quickly became much more complicated.
He was potentially dealing with four legal claims:
- Accident benefits through his own auto insurer
- A claim against the other driver
- A long-term disability claim
- An employment law issue because his employer was considering replacing him
My firm is now helping him deal with these issues together.
His situation is an important reminder: when several claims overlap, dealing with one without considering the others can be a costly mistake.
- The collision can create more than one claim
After a serious motor vehicle collision in Ontario, there can be different sources of compensation.
Accident benefits through your own auto insurance can help with medical treatment, rehabilitation and lost income. There may also be a separate claim against another, depending on who was at fault.
But compensation through one source can sometimes affect what you are entitled to through another. That becomes especially important when disability benefits are involved.
- Being unable to work can trigger a long-term disability claim
This client was an electrician. His job is physical.
Chronic back pain, a badly injured knee, migraines and significant fatigue can make that kind of work impossible.
If you have long-term disability coverage and a medical condition prevents you from performing the essential duties of your job, you may qualify for LTD benefits.
I regularly speak with people whose doctors say they can’t work, but whose insurer has denied their benefits or keeps asking for more information.
If that happens, don’t assume the insurer has the final word.
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Your doctors should document your symptoms, restrictions and limitations, and how they prevent you from doing your job. If your claim is denied despite medical support, speak with a disability lawyer before spending months fighting the insurer on your own.
READ MORE: Is chronic pain a disability? A Canadian disability lawyer explains
- Your job can become another problem
You have been injured. You can’t work. Your disability insurer may not be paying you. Then your employer says it needs to replace you.
That is exactly what this client is facing.
An employer can hire someone to perform work while an employee is away. But that doesn’t necessarily mean the company can simply end your employment because your injuries prevent you from returning.
Employees with disabilities are protected by human rights legislation. Employers generally have a duty to accommodate workers with disabilities to the point of undue hardship.
Accommodation can include medical leave, modified duties, reduced hours or other adjustments supported by medical information.
If your employer says it “can’t hold the job forever,” take that seriously. But don’t resign or sign anything without first understanding your rights.
If your employer ultimately terminates you, there may also be severance and potentially human rights compensation at stake.
READ MORE: Injured in a car accident? 3 things Ontarians need to do
- These claims don’t exist in separate boxes
This is the most important part.
Your injury claim, LTD claim and employment rights can affect each other.
Certain disability payments can potentially affect compensation available through an injury claim. An employment termination could create severance issues while you are also receiving, or fighting for, disability benefits.
That is why these cases need to be looked at as a whole.
Think of it like a complicated medical situation: you want the people helping you to understand the entire picture.
A decision that makes sense for your LTD claim might create a problem for your injury claim. A decision involving your employment could affect other compensation you are pursuing.
You need to know how the pieces fit together before making important decisions.
READ MORE: Employer demoted him after disability leave — Ontario court says he was owed 22 months of severance
You shouldn’t have to fight everyone while trying to recover
There is another part of these cases that lawyers sometimes overlook: stress.
Someone who has been injured in a serious collision may suddenly be dealing with doctors, rehabilitation specialists, an auto insurer, a disability insurer and their employer, all while living with pain and worrying about money.
That can be overwhelming.
In my view, a lawyer’s job isn’t simply to advance a legal claim. Part of the job is to make the process easier for the person going through it.
When we represent someone with overlapping injury, insurance and employment issues, we can take over much of the communication with insurers and employers.
The client is still in control and makes the important decisions. But they shouldn’t have to spend every day worrying about what to say to an adjuster or whether something they sign could hurt another claim.
I tell clients that their primary job is to focus on getting better.
Before you make a major decision, understand the whole picture
If you have been seriously injured, can’t work, are having problems with your disability insurer or are worried about what your employer may do next, contact me and my team before you make any major decisions.
These situations can involve several different claims at the same time, and a decision involving one can affect the others.
Don’t resign. Don’t sign away your rights. Don’t assume an insurance denial is final. And don’t try to navigate competing injury, disability and employment issues on your own without first understanding how they fit together.
When you’re injured, your focus should be on getting better. Let us help you deal with the legal problems around you.
Seriously injured, unable to work or having problems with your disability insurer or employer?
Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a consultation. Our lawyers help individuals understand their rights involving long-term disability, employment and injury claims.
Sivan Tumarkin is a disability and personal injury lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in long-term disability claims and employment law. He provides legal insight on Canada’s only Disability Law Show on TV and radio.
