Hi I have a question. I was on LTD for 2 years it just recently ended in May 2024. They stated that I am not completely disabled from working any job. I would like to return to my original employer but unfortunately I am not able to return to work at this time as I am not fully recovered. Therefore my employer stated they can not accommodate me because I need to be able to stand for 2-2.5 hours consecutively which I cannot do but I am working on that now. My employer has now informed me to apply for Ei sickness benefits which I have done and now Ei is stating I am not eligible for Ei sickness benefits because I haven’t worked in the last 52 weeks. At the beginning of my injury service Canada told me I need to exhaust all my benefit options through my employer first before I can receive Ei which I have done, so now that my LTD has run out Ei is still denying me benefits.
have appealed their decision but have not heard back yet. I’m not sure what todo in this case. Why would Ei tell me to exhaust all my benefits through my employer first then tell me I’m disqualified when I did finally apply for Ei?
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You need to call Resolute and have a detailed consult because:
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Sounds like your insurer has breached the LTD contract if you can’t do much of anything for work. If you are unable to earn 60% of your pre-disabilty income (from any job) the common law is pretty clear that you are owed LTD payments from your insurer.
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It sounds like your employer hasn’t put much effort to accomodate you which is alarming, discriminatory, and illegal. Did your doctor give them a clear list of accomodations you require? The bar is extremely high for them to say no to those accomodations, especially if it is a large company.
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