Being denied long-term disability (LTD) benefits by your insurer can be a stressful experience. However, it can be even more challenging when employers use this decision to argue that you are capable of returning to work, despite you and/or your medical professionals' opinion. It's important to note that employees cannot be forced to work before they are medically able to do so. The decision of whether someone can return to work after an injury or illness is complex and involves considering both objective medical evidence (e.g., MRI results) and subjective evidence (e.g., pain or mental health issues).

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The question of whether someone is "totally disabled" under their LTD insurance policy also varies depending on their job duties and the wording of their policy. Even if someone is denied LTD benefits because they are not "totally disabled," they may still be suffering from a "disability" as defined by the BC Human Rights Code and be entitled to "reasonable accommodation" from their employer, which involves its own complex legal analysis.  

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If you find yourself in this situation, it's crucial to speak with an experienced employment and disability lawyer to determine the best course of action. This may involve filing a human rights complaint, wrongful dismissal claim, or LTD benefits claim. Seeking advice before taking any steps is essential since certain actions (e.g., refusing to provide necessary medical information or returning to work prematurely) can significantly impact the outcome of your case.

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