The Role Of The Employer In A Long Term Disability Case.

The employer administers the benefits and the employer is the one who generally fills out the claims form and submits it to the disability carrier.

They also administer the benefits to the extent that they say to the employee: give me another medical report or go to see this doctor for an assessment.

Employers are directly involved in the handling of the claim but it is also in their financial interests to end the payment of the benefits. They will sometimes tell the employee that they don’t believe him anymore. They won’t take the word of his family doctor. This sets up a very conflicting relationship between the employer and someone who was probably a trusted and excellent employee.

Also, the information around the claim is added to the employee’s personnel file, including memos from the claims department within the company saying: we do not believe our employee is being truthful with us, this employee should be coming back to work, etc.

It’s important to have a lawyer to advocate for the employee when dealing with the employer. The employee is already struggling with a debilitating condition and he doesn’t need the added stress of dealing with an employer whom he formerly trusted would work for his best interests. This is an unfortunate, but all too common situation.


If you, or someone you care about, is dealing with Personal injury law issues in the Toronto, Ontario Region, contact Strype Barristers LLP.

This article is taken from a February 1, 2008 interview with Jeff Strype LL.B., Personal Injury Lawyer with Strype Barristers LLP in Toronto , a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.