Disability lawyer Tamar Agopian on COVID-19 long-hauler rights

Interview Summary

Americans considered to be COVID-19 long-haulers will now be afforded protections and rights under the Americans with Disabilities Act. Many Canadians who still suffer from the effects of COVID-19 are wondering if they will also be afforded the same privileges as their American counterparts. What can COVID-19 long-haulers expect in the aftermath of the pandemic?

Tamar Agopian, a Toronto disability lawyer and Senior Associate at Samfiru Tumarkin LLP joins Global News Radio 640 Greg Brady to explore the rights of COVID-19 long-haulers in Canada.

Interview Notes

Will the recent ruling in the U.S regarding COVID-19 long-haulers influence Canada?

This decision in the U.S is considered legislation that defines long-COVID-19 as a disability. COVID-19 long-haulers are still not considered disabled by many insurance companies in Canada and are being denied disability benefits.

Are COVID-19 long-haulers in Canada able to claim disability benefits?

Many Canadians who experience lingering symptoms from COVID-19 are unable to perform the essential tasks of their jobs. Often symptoms associated with long-COVID-19 are invisible, such as mental fatigue. Despite this, insurance companies are trying to dispute the fact that as the virus is still relatively new, claimants should not be eligible for disability benefits. Most insurance policies however provide individuals with coverage due to the symptoms of a medical condition and not the diagnosis.

Watch to Learn More
Disability Law Show Season 3 Episode 31 – Invisible Illness and Disability Claims

Are employers forcing COVID-19 long-haulers back to work before they’re ready?

As many long-term effects of COVID-19 are still new and at times impossible to diagnose, employers are urging employees back to work. Employees should listen to their doctor’s advice on returning to the workplace and not be pressured to return before they are ready to do so. Mental illnesses as a result of COVID-19 are particularly difficult to prove and there is no clear path for treatment;  however that should not be a deterrent to seeking benefits.

Will employers be able to restrict employment possibilities to those who contracted COVID-19 in the past?

While the human rights code should protect individuals who could be discriminated against, employers will be inclined to inquire about an employee’s past COVID-19 status. Employers are permitted to ask about an employee’s medical conditions solely regarding necessary accommodations and not as a means to penalize an employee.