IS IT POSSIBLE TO TERMINATE AN EMPLOYEE ON LONG TERM DISABILITY?

Bicycles are the cheapest means of transport one can use in cities where traffic is crowded. This has led to a high number of bicycle accidents in recent years, where some of these accidents can be potentially life threatening. These injuries can cause long term disability which will prevent you from leading a normal life. Do these disabilities form the ground for termination from work? Well, technically yes it can. However, an employer can face legal charges for firing an employee if he does not follow specific procedures. This is due to the law in Ontario that gives certain rights to employees on long-term disability based on their status, which is not available for other employees.

What are the Basics of Long Term Disability?

An employee should show that he or she is totally disabled under the definition of insurance policy to be entitled to seek claims on long term disability. Though the definition may vary by insurance companies, it will mean that the employee is not mentally or physically capable of working for a certain period of time. To justify your claim, you will need the help of Bicycle Accident Lawyer in Toronto.

According to the generalised definition, if the person cannot return to the same work within two years of the date of disability, then they are considered as totally disabled. Under such a situation, the policymakers will change the definition of disability to totally disable to any employment at all. This will cause issues for the worker to return to any sort of employment based on his knowledge, learning or experience.

The insurance carriers will require the employees to apply for Canada Pension Plan (CPP) disability benefits. For this, Bicycle Accident Lawyer in Toronto are the go-to professionals to help you claim what you deserve.

How is the Employer need and Employee need balanced?

When an employee goes for long-term disability, the employer understands that the employee will not be available for work for a certain period of time. The employee’s intention is to withhold the position so that he can return to the work on recovering within the time period. Whereas, the employer may want to fill the position with new recruitment to continue operation. Also, if the long term disability benefits are provided by the employer, which is considered as a loss to the employer, there will be interest taken in stopping the payment early by recruiting a new employee. Thus, the Canada Law has been developed in such a way that these two concerns are dealt in a fair manner by ensuring balance.

How can an Employee in Ontario be terminated on grounds of long term disability?

Long-term disability-based termination of an employee in Ontario requires that the employee must be unlikely to be able to return to work at all. The hypothesis for this rule is that the worker’s inability to work has frustrated the employment contract between the employer and employee. If an employer issues a ‘for cause’ termination even if you are on long-term disability then, with the help of Bicycle Accident Lawyer in Toronto you can file your case.

To substantiate your claim, it will require factual investigation and opinions of experts such as the doctor treating you. Your doctor’s opinion is vital to gather information on when you will be fit to resume your work or extend your recovery time. In addition, the unavailability of your medical evidence from your employer will require him to continue making benefit payment even after the termination of your employment. The proper guidance from Bicycle Accident Lawyer in Toronto will help you with getting your claims.

If you need legal support for long-term disability claim, which involves employment termination, Toronto Bicycle Accident Lawyers, will help you with your case.