An injury or health complication can cause an employee to seek disability payments and/or modified work. Where disability plays a role, the insurance company is responsible to make payments to the employee. Suddenly payments stop and the insurance company declares that you are capable of working in a different work environment. Can the insurance company do this?
In his most recent Globe and Mail article, Daniel Lublin, Toronto Employment lawyer discusses the term “disability” and how the definition evolves, usually after two years. It is at this point that the disability insurance policy clause comes to have a different meaning which changes your legal rights to disability payments. In order to continue to receive benefits, an employee has to show that they are unable to perform any job, not just your own. Just as the employee has an obligation to prove that they are unable to work, an insurance company bears the same responsibility to prove the contrary.