Stuck in the middle — what should I do?
Q: My disability carrier says I’m not disabled and should go back to work, but my employer won’t bring me back with the necessary accommodations I need. What should do?
A: Unfortunately, the above situation is all too familiar these days. An employee’s medical team, hoping to help the employee get back to work, recommends that they can return to work with accommodation.
The insurance company learns this and decides that the employee is no longer disabled and is not entitled to disability benefits. However, the employer argues that it can’t (or won’t) provide the recommended accommodations so the employee cannot return to work.
The employee than becomes stuck in the middle, with no accommodated work provided and no disability benefits to fall back on.
All too often, this means that the employee feels left with no choice but to return to work without the necessary accommodations. The employee then is typically “re-injured,” or their prognosis for recovery is delayed as they try to work outside of their current abilities.
It doesn’t have to be this way.
The employer has a duty to accommodate up to the point of undue hardship, so often the employee is entitled to the accommodations necessary for them to return to work.
Alternatively, if the accommodations needed truly can’t be granted because they would, for example, change the essential duties of the position, then in many cases, the employee should be entitled to disability benefits.
Solid legal representation and support from a doctor are often necessary to help the employee bridge this gap and obtain the benefits and accommodations they are entitled to under the law.
It’s not always easy, but it can be done, and you should make sure to get the proper legal advice you need before simply accepting that there is “no other choice” and simply return to work on the company’s terms.
If you or someone you know is in this position, feel free to reach out to me. I’m happy to discuss your situation through a complimentary call and see how I can help.
This article was originally published by The Hamilton Spectator.
