Returning to Work After Long Term Disability in Canada

If you’ve been on long term disability, the decision to return to work can be challenging. Insurance companies, aiming to minimize costs, may pressure you to return to work before you're ready, potentially interfering with your medical conditions or ongoing treatment.

When considering returning to work after long term disability in Canada, it’s crucial to be well-informed about your rights. Share Lawyers' experienced disability law team can help you understand your options and make the best decision for your health and future.

Need more information on returning to work after long term disability in Canada? Share Lawyers’ experienced team can help you understand your options.

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Returning to Work After Long Term Disability in Canada

If you’re returning to work after long term disability in Canada, you need to understand your rights. We’ve outlined essential information and answered common questions below.

Understand Your Rights When Returning to Work After Long Term Disability in Canada

Know Your Rights

No Forced Return

No insurer can force you to return to work, even if they threaten to terminate your benefits. You and your doctor are the only people who should be making this decision.

Medical Clearance

Consult with your doctor before making any decisions. Obtain written confirmation that you are fit to return to work. This documentation is particularly helpful if your insurer pressures you.

Legal Support

A disability law firm like Share Lawyers can provide the legal support you need. Our experienced team can help you understand your options and protect your rights.

If your insurer refuses to reinstate your benefits after a failed return-to-work attempt, we’ll ensure that you regain the benefits you deserve.

When Should I Return to Work After Long Term Disability in Canada?

Even though there is no one-size-fits-all answer to this question, we recommend the following conditions are met before you consider returning to work:

  1. You feel ready.
  2. Your doctor has cleared you to continue working.

If neither you nor your doctor believe you are ready, returning to work could invite additional complications with your physical and mental health. Moreover, if you lose your job because you cannot meet your employer’s expectations after returning to work prematurely, your financial situation could suffer. We simply cannot overstate the importance of your readiness.

Can My Insurance Provider Force Me to Return to Work?

No, without exception. No insurer has the authority to compel you to return to work regardless of what they say. Though they may threaten to terminate your disability benefits, remember that they cannot force you to return.

If you feel your insurer is pressuring you to return to work despite ongoing injury or illness, do not give in to their demands. Instead, consult your doctor and seek advice from an experienced disability law firm like Share Lawyers to protect your rights and understand your options.

How Do I Prepare to Return to Work After Long Term Disability?

  1. Make Sure You’re Ready: Ensure you are ready to return to work. Consider whether you can perform your essential duties as before or if you will need accommodations.

    Discuss with your employer the possibility of a gradual return-to-work plan, such as part-time hours or modified duties.

  2. Document Everything: Be sure to maintain detailed records of all medical correspondence, communications with your employer, and any accommodations that have been agreed upon.

    Documentation is crucial if you need to appeal a denied disability claim.

  3. Communicate With Your Employer: Inform your employer of your intention to return to work and discuss any accommodations you might need.

Work with your HR department to ensure a smooth transition.

What Happens If I Return to Work and Realize It Was Too Soon?

If you realize you cannot perform your duties, you may need to use your policy’s recurrence clause to reinstate your claim. If this describes your situation, follow these steps:

  1. Document your return-to-work attempt, both personally and through your employer or HR department. Clearly communicate any medical conditions and symptoms preventing you from performing your duties.

  2. Consult your doctor about issues related to your diagnosis. You will likely need documented, objective proof and their support.

  3. Inform your long term disability insurance provider in writing (e.g., via email) about what happened when you attempted to return to work, why your disability prevented you from working, and why you need to resume your LTD benefits. Include a letter from your doctor supporting your claim.

How Long Does a Recurrence Clause Last?

They usually last around six months, but you should check your policy for specific information.

What if I Pass the Deadline To Trigger the Recurrence Clause?

If you need to leave work after you pass the recurrence deadline within your policy, then you may need to submit a new disability claim. Returning to work on a part-time or modified basis could impact the amount you would be eligible to receive on any new claim. Know your policy to avoid an interruption or reduction of benefits.

If you need help, Share Lawyers is standing by.

What Are My Options If My Insurer Refuses to Reinstate LTD After a Failed Return-to-Work Attempt?

If you’ve suffered a failed return to work attempt after long term disability and your insurance provider refuses to reinstate your claim, you have options. Share Lawyers can help you retain your benefits. Get us involved as soon as possible to increase your chances of quickly reinstating your benefits.

Share Lawyers Fights for Your Rights

Being pressured to return to work can be incredibly stressful, especially when dealing with a chronic medical condition. In Canada, you don't have to comply with your insurance company's demands.

We understand the difficulty of your situation and are dedicated to advocating for your rights. With over 35 years of experience and a proven track record of success, we fight for Canadians like you.

We work on a contingency-fee basis and offer free consultations. This means you don't owe us anything up front; we only get paid when your case is won.

Still need more information about returning to work after long term disability in Canada? A quick conversation with one of our lawyers will help you understand your situation and provide a path forward.

Contact Share Lawyers today and let our 35+ years of experience work for you. We can help you win your case againstCanada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. Our legal team offers a free consultation and works on a contingency basis. There are no fees unless you win your case.

We’re here to support you during this difficult time

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