Ontario Long-Term Disability Claims: Understanding Your Rights Before You Need Them

Over the past few months, it’s become more and more difficult to ignore the muscle spasms, tiredness, and increased pain levels you’ve been experiencing while on the job. With at least ten years to go to qualify for retirement benefits, you can’t imagine being able to support yourself if you were to request a cut-back on hours or if you were unable to work at all. You’ve heard of others going on disability status, but you’re hardly prepared to file any sort of claim right now. Still, you’d like to know more about how long-term-disability works and what rights you have… 

If you’re thinking ahead, start with our complete LTD claim preparation guide for Ontario workers to learn what to do before applying.

If and when I decide to file a long-term disability claim, what’s my first step?

The process of filing a disability claim in Ontario, Canada generally begins with you reporting your condition to your employer, asking for an “accommodation” (a change in hours or in the tasks you perform at work) or a temporary leave of absence. Human Resources will require a note from your doctor explaining the need for the leave and an estimate of a return-to-work date.

During that visit with Human Resources, you should verify the basic terms of your employee disability insurance plan, specifically inquiring about:

1. The elimination period (or waiting period)
2. The definition of disability (cannot perform in “any occupation” or in the occupation for which you’ve been trained and in which you’re experienced)?

Who Pays Long-Term Disability Benefits in Ontario?

1. Your employer’s group disability insurance plan

Your employer may offer short-term and/or long-term group disability insurance. intended to replace a percentage of the monthly income of an employee who is unable to work due to a major illness, accident, or injury.

(Depending on the plan in which you are enrolled, these benefits may continue until:

• The plan’s maximum period ends, or
• You reach age 65, depending on the policy terms.

Your eligibility and benefit amount depend on your coverage type. Learn the difference between group and individual LTD policies in Ontario.

2. The Canada Pension Plan Disability Benefits Plan (CPP)

If you are under age 65, have been contributing for years to CPP, and have a mental or physical disability that prevents you from doing any kind of substantially gainful work, you can claim benefits through this plan. 

3. The Ontario Disability Support Program (ODSP)

The Ontario Provisional Government provides money to help disabled employees with living expenses, health benefits, and employment support.

Important to note:

If you receive the federal government’s Canada Disability Benefit, that will not affect your eligibility for the Ontario Disability Support Program — or change the amount of your payment.

ODSP and CPP – You can have one with the other! 

Remember: Your Employer Is Going to Be Part of the Process

As you contemplate filing for disability benefits, it’s important to understand that, in addition to all the paperwork and medical documentation that you and your medical providers will need to provide, your employer is also going to be submitting statements, providing details about your work history and commenting on your present inability to continue doing your job.  

Before you start gathering paperwork, review these 8 critical documents you need before applying for LTD in Ontario.

What Are My Disability Rights in Ontario?

As you prepare to file a disability claim, it’s important to realize that, as stated on the website of the Government of Canada, “Our nation has a strong legislative framework that guarantees the equal rights of people with disabilities.”

There are two main federal laws protecting people with disabilities:  

1. The Canadian Charter of Rights and Freedoms
2. The Canadian Human Rights Act

In addition, Canada is bound by the United Nations Convention on the Rights of Persons with Disabilities.

The Ontario Human Rights Code

Five fundamental rights for persons with disability are outlined in the Ontario Human Rights Code:

1. Non-discrimination – the right to equal treatment
   
   
2. Accessibility – to services in restaurants, shops, business offices, hotels, movie theatres, and transportation.
   
   
3. Independence – The right to live independently and not be forced into an institution
   
   
4. Equal recognition under the law, – with the right to exercise legal rights, own property, and control one’s own finances
   
   
5. Protection from abuse, violence and exploitation