Disability insurance can provide peace of mind that you and your family will be protected in case you become too sick or injured to work. Many employers offer long-term disability insurance plans that you can purchase.

Do you have questions about employer paid disability insurance in Canada? If so, you are not alone. Employment rights Ontario are important to understand, especially if you’re seeking disability benefits after an injury or illness. If your employer has violated your rights, you may consider meeting with a long-term disability lawyer to find out what rights and options you can take to protect your employment status and get the benefits you deserve.

What are Employment Rights?

There are several laws that govern the relationship between an employer and an employee. Such rules are found in the common law, Employment Standards Acts, Human Rights Acts, Labour Relations Acts, Occupational Health and Safety Acts, and Workers’ Compensation Acts.

There are provincial and federal versions of each of these laws. As an employee, the laws that apply to you depend on whether your employer is regulated by provincial laws or federal laws.

Generally, an employer is legally required to provide work, pay employees for the work they’ve done, treat workers fairly, provide a safe work environment, and provide reasonable notice of termination.

If you are terminated from your job, your employment rights will depend on the type of dismissal. There are four types of dismissals that may apply: dismissal without cause, dismissal for cause, dismissal for frustration of contract, or constructive dismissal.

Employees are generally required to attend work as scheduled, perform their work competently, maintain loyalty to the employer, refrain from improper behaviour, and provide reasonable notice of resignation. If they fail to uphold their responsibilities to their employer, they may be fired from their job.

If an employee qualifies for long-term disability benefits, they are entitled to special protections. Your employer cannot legally discriminate against you because of your disability or terminate you from your job because you become disabled. Due to the nature of a disability, your mobility may be limited and you’ll likely need to attend quite a few medical appointments that may cause you to miss work. Your employer has a duty to accommodate your disability, including allowing you to take extended sick or disability leave without worrying about losing your job.

When the injury or disability is severe enough, you may be unable to work. If this happens to you, it is imperative that you understand your employment rights for disability benefits and know what to do if your employer violates those rights.

What are the Employment Rights for Disability Benefits?

If your employer has not upheld its obligations to you, there are several ways you may be able to fight for your rights. You have the right to file a complaint with your provincial or federal employment standards board. If you pursue this option, an officer will review your complaint and work towards a settlement between you and your employer. This process may involve mediation and a hearing before the board. If you and your employer are unable to reach an agreement, the board will issue a ruling on the matter.

You can file a complaint with the federal or provincial human rights commission if you believe your employer discriminated against you because of your disability. If the officer assigned to your complaint is unable to help you reach an agreement with your employer, the case will be heard by a human rights tribunal which will issue a binding decision.

Civil litigation is also an option if you were wrongfully dismissed from your job without reasonable notice of termination. To sue your employer, you will file a lawsuit in court to seek severance pay and other damages. As the case progresses, there will be opportunities for you and your employer to work toward a settlement. If you are unable to reach an agreement, the case may be heard by a judge.

Your employment contract may also limit your options if it is governed by a collective agreement or if it requires disputes to be resolved through arbitration. If your contract has an arbitration clause, you will make your claims before an arbitrator who will try to facilitate an agreement.

How Much Does Employer Disability Insurance Cost?

The cost of employer disability insurance depends on the type of plan provided by your employer and the types of plans you purchase. You can purchase short term disability insurance and long-term disability insurance. Generally, disability insurance that is purchased through an employer’s group plan will be cheaper than a product purchased individually.

Generally, disability insurance will cost between 1% to 3% of your annual income, with premiums paid monthly. You must continue paying the monthly premiums to ensure your insurance remains active.

There are certain factors that affect the amount an individual will pay for disability insurance, such as a person’s age, gender, health history, occupation, and smoking status.

Most long-term disability insurance plans will pay between 60% to 85% of an employer’s regular income. This payment will be made until the person recovers from the disability, or until the disability coverage period expires.

Who is Entitled to Receive Employer Paid Disability Insurance?

Unfortunately, no one is entitled to receive disability insurance that is fully paid by their employer, although some employers may offer this as a benefit. Review your disability insurance policy to find out how much your employer will pay.

How Can a Lawyer Help You With Disability Insurance Employment Rights Ontario?

Employment rights Ontario can be difficult to understand. When a disability renders you unable to work, the stakes become even higher. An Ontario lawyer can help you understand your legal rights and options so that you can get the benefits you deserve. If you were wrongly terminated or discriminated against because of your disability, if you need help appealing a denial of disability benefits, or if you simply want to better understand your employment rights, a long-term disability lawyer Ontario can help.