Disability Law Show: Alberta & BC – S2 E12

Episode Summary

Can you develop a psychological injury due to workplace harassment? Disability lawyer Martin Willemse at Samfiru Tumarkin LLP, answers this question and more on the Disability Law Show on 980 CKNW in Vancouver, 770 CHQR in Calgary and 630 CHED in Edmonton.

Listen below to discover important information about your rights and a guide through the proper steps to take when your insurance provider cuts off your long-term disability or denies your insurance claim.

Whether you need a BC disability lawyer or disability lawyers in Alberta, Martin and his team can get you the advice you need, and the compensation you deserve.

Listen to the Episode

Show Notes

• Psychological injuries due to workplace harassment: Many individuals are unable to work due to ongoing mental illnesses. Psychological injuries as a result of workplace harassment and bullying are compensable, much like physical injury. It is important for claimants to submit a claim if they have developed a psychiatric condition to WorkSafe BC.
• Pressured to return to work by the insurer: Union members are able to seek legal advice from a disability lawyer after looking at the terms of their collective bargaining agreement. Insurers will often pressure claimants to return to work as the “any occupation” period begins. After two years on long-term disability benefits, claimants must show they are disabled from working any occupation.
• Fired while on disability leave: Employers are within their rights to terminate an employee for any reason. Employees cannot be penalized for taking leave however or as a result of an illness or medical condition. Employment that is terminated as a result of a disability is considered a human rights violation. It is important to seek legal advice in the event of a termination as severance pay can affect disability benefits.
• Benefits while no longer employed: Employees that were deemed to be disabled while employed, should continue to receive disability benefits. Employees that are cleared to return to work must be accommodated by their employer. Employers that refuse to accommodate an employee’s disability can face human rights damages.