A recent high profile Human Rights Tribunal ruling has vindicated a woman whose mental disability resulted in her firing.
The Hamilton-Wentworth District School Board (HWDSB) was found liable for discriminating against a former employee’s disability. Specifically, the HWDSB failed to accommodate her post traumatic stress disorder (PTSD). The condition developed after several years in a stressful position as Supervisor, Regulated Substances, Asbestos. She said that she became obsessed with the fear that she would be held personally liable if she made a mistake when it came to handling or removing asbestos.
Long Term Disability – LTD
She went on LTD benefits for a period of two years. After that point, an assessment determined that she was employable. However, the evaluation did stipulate lingering issues with the risk of personal liability. The HWDSB considered that a requirement of her position and terminated her employment.
The Human Right Tribunal ordered the HWDSB to reinstate her with almost ten year’s back pay and benefits, along with an additional award of $30,000 for injury to her dignity, feelings and self-respect.
Prejudice Against Mental Health Issues
You will often encounter a built-in prejudice against mental health issues in both institutions and individuals, particularly anxiety and most particularly when the allegation is that the job itself caused the condition. There may be difficulties in getting your claim taken seriously even at the outset.
After two years of benefits, many policies – such as her group policy, by the sounds of it – change the criteria by which future benefits may be paid. The disability, at that point, will be reassessed and then evaluated for its permanent effects on employability.
Your Claim is Legitimate
It’s common in many circumstances to encounter resistance from insurers and employers when it comes to workplace long term disability insurance claims. You provided your work services in good faith, and you need someone in your corner to ensure that your rights are respected when your health is compromised and you need help.
Get Professional Help
Disability insurance claims can be very complex and you need someone in your corner. Look to the experienced disability insurance lawyers at Petrillo Law to give you the best advice and legal support possible.
You need sound and proven legal representation.
Get the Legal Representation You Need
Know your rights. Contact Petrillo Law today by calling (905) 949-9433 for a free consultation with an experienced disability lawyer. We look forward to hearing from you.
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