Reporting Damages Award to Insurer

Just wondering if i am required to report a damages award for pain and suffering against my employer to my Insurer? I am being told it’s different than employment income so it wouldn’t affect my disability income ? Not sure? Any advice ?Thanks in advance

It depends on your policy.
I would only take advice from people who have read it (or a lawyer :-))
I think my policy would if it is related to the disability.
I would ask the insurance company.

Thanks Jammer…Appreciate it !

If the insurance company says they get the money then I would ask for a copy of the policy (or at least the section that says they get the money).
I know many people distrust their insurance company but I think mine has been good so far.
I don’t think it would be deducted under my plan.
All I can see that might be relevant is the insurance company deducts “Under any Criminal Injuries Compensation Act or similar law, where allowed by law.”.
I would ask.
Maybe @David_Brannen will comment. :slight_smile:

My advice is always to report it and see what position the insurance company takes. You can always dispute it and they have to give reasons for why they think it would be an offset for them. This is the type of legal issue that goes beyond what a lawyer can advise in a free consultation. You could pay for a legal consultation, but a a lawyer would need to see your policy and have a lot of details about the payment or settlement form the insurer. This is something a disability could tell you the answer as long as you could give the information.

David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


Is this damage award from human rights tribunal’s settlement?

Thanks David …Appreciate it !

Yes it is roryrory…

Thanks Riverman.During the whole process, did the employer ever contacted your LTD for any sort of evidence?

I’m not sure if they did

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I don’t know what the insurance company is allowed to tell the employer.
I know when I got cppd, the insurance company told the employer I got cppd and how much.
I don’t know if any medical information was shared but I doubt it was.

My understanding is that a damage award is entirely separate from loss of income due to a wrongful termination or a discriminatory termination based on disability if that is your particular situation with the Human Rights Tribunal (HRT) decision.

Employment income or loss of income award definitely needs to be reported, but my guess is that a damage award does not. I’m not a lawyer, though.

If you seek out advice from a tax lawyer or an employment lawyer, can you please update this post and share the information?

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That is good, I want to remind people that it may not apply to you because every situation is different. :slight_smile:

I’ve decided to decline the offer so the matter now goes to a tribunal hearing . I may require the assistance of a lawyer however, although I’m not sure at this point if that will be necessary .

Can I ask if you were still receiving payments from your insurer when you filed your Human Rights case?
Mine has shared information with my (now former) employer and bullied my therapists (it’s all in my insurance file from their very own notes) I was told I couldn’t put in a complaint against them because they still pay me.

As far as I know you can still file a complaint against them…Whether or not your still receiving payment is irrelevant if they have violated your human rights

By the insurance company?

By the insurance company ?

No, my current (employment) lawyer.

I have all sorts of examples of undue stress: today I received an email from the insurer - in the body it says to return the authorization form as soon as I could, submit my CPP disability application within 2 months and they won’t be deducting half my benefit just yet (which I need because it pays for my out of pocket medical expenses)
But then there’s an attached letter in the same email saying because I didn’t return the authorization form they are cutting my benefits in half starting December.

I just received their package October 25th.

Which is it? Sent on a Friday afternoon, despite a few hours of office time left in the day, I did not receive a response.

Nope, my (current) employment lawyer.