Returning to Work

In this video, I'll discuss the impact of returning to work while on disability benefits.

A common question is what happens if you return to work. The impact varies based on several factors, such as the type of disability benefits you’re receiving, whether a Statement of Claim has been issued, your work status, any accommodations, your earnings, and policy definitions of "return to work" and "disability."

Most plans allow for an attempt to return to work, often referred to as a “recurrent period.” In long-term disability policies, this is usually six months. If you return to work full-time for more than six months, your claim may be capped, limiting you to negotiating for arrears of benefits only.

If you can’t maintain employment during the recurrent period, we proceed with your lawsuit, deducting any earnings during this time from your settlement. This is straightforward. It gets more complex if you work past the recurrent period.

If you work beyond the recurrent period, we must determine if your policy allows for residual or part-time work. This requires a detailed discussion with our lawyers to decide if and how to proceed against the insurance company based on your specific case.

Balancing health and finances is challenging, especially without a steady income. While the law doesn’t consider your financial needs, we understand the importance of covering basic living costs. However, the cost of litigation might outweigh the benefit if your claim is capped, reducing your net award.

Once a lawsuit has been started with a Statement of Claim issued, it cannot be ignored. It must be resolved or withdrawn.

Therefore, it’s crucial that you keep discussing your case with us even if you’ve returned to work.

If you have any questions about the information provided in this video, please do not hesitate to contact your Client Services Team at Share Lawyers. We would be pleased to help you.