Do you know what’s expected of you when an employee brings you paperwork to show their status as disabled? Everybody’s limitations and capabilities are different, which is why there are several rules barring people from taking advantage of the system. However, if the government has declared their status, you’re bound to make adjustments.
Disability benefits in Canada are for individuals who are unable to work due to a physical or mental disability. Our traumatic brain injury lawyers at Nanda & Associate Lawyers have helped several clients after an accident caused long-term consequences and changed their daily lives. It’s jarring for anyone to be living a relatively normal life and then find themselves poring over caregiver applications. These benefits are meant to help individuals cover their living expenses and provide financial support while they’re unable to work.
However, not all disabilities come from accidents, and while it might seem like personal injury lawyers are reserved for slips and falls, these lawyers can help clients understand if they’re eligible for aid and what the implications are.
Different Types Of Disability Benefits In Canada
There are many programs in Canada, depending on the nature of the disability, but if you have a long-term disability, then a lawyer could help you understand if there’s any compensation you might be entitled to. Here are some of the common ones:
Canada Pension Plan
The Canada Pension Plan (CPP)Â is a federal government program that provides disability benefits to a select few Canadians. To qualify for it, individuals must meet certain criteria, like contributing or having contributed to the CPP for a duration.
They must also be unable to work due to a severe and prolonged disability. This disability benefit provides a monthly payment and is intended to replace a portion of the individual’s lost earnings.
Employment Insurance
Then there’s also the Employment Insurance (EI) program, which provides temporary financial assistance to individuals who are unable to work due to illness or injury. The EI program gives a weekly payment to eligible individuals for a limited period, typically up to 15 weeks. That means that this isn’t as much a disability benefit as it is a temporary solution to a temporary problem.
Canada boasts a humanitarian and compassionate government, and policy is built around preventing undeserved suffering and extending equitable support. If one was sick for approximately fifteen weeks, that would be three months without pay. Thanks to the EI, individuals can focus on recovering and avoid letting their return to work become the priority.
Support Programs
Some provincial and territorial locales in Canada offer disability support programs, for example, the Ontario Disability Support Program (ODSP) and the British Columbia Employment and Assistance for Persons with Disabilities (BCEAP). These programs share financial and employment support with eligible individuals with disabilities so that they can be as independent as possible.
The Tax Breaks
In Canada, individuals with disabilities are occasionally eligible for tax rebates and reductions. The Disability Tax Credit (DTC)Â and the Registered Disability Savings Plan (RDSP)Â are both useful tools for the government to give people a fair chance to retain some independence without having to worry about losing it.
The DTC is a non-refundable tax credit that can help individuals with disabilities reduce their taxes, and the RDSP is a savings plan. It can help individuals and families save for their future, affording them not only sensible advice but also the freedom to be able to sit back and enjoy themselves a little.
Who’s Eligible?
The eligibility criteria for disability benefits in Canada change depending on the program, which is why consulting a personal injury lawyer is the best way to go. If you apply by yourself, you might be rejected by default because the terms of the said program don’t apply to your condition. A legal team will study your challenges and work backward to find the best fit.
To be eligible for the CPP disability benefit, individuals must meet criteria like contributory requirements, medical evidence, and age requirements. To be eligible for the EI program, individuals must meet criteria such as employment requirements, availability and willingness to work, and medical evidence. Since both offer different benefits, they also require certain documentation.
The Canadian Human Rights Act recognizes that people with disabilities face challenges in their daily lives and, without support, can’t be expected to overcome these barriers. Of course, not everyone needs help, but many do. To withhold it would be to limit their opportunities and success, so when someone asks earnestly for help, the government steps in on humanitarian and compassionate grounds.
Along with that, individuals with disabilities have legal protections. These laws safeguard them from discrimination of any kind and ensure that they have equitable opportunities in employment, housing, and access to services. While provincial and territorial programs have specific eligibility criteria, individuals with disabilities may also be eligible for tax credits and deductions along with their main support program.
Employer’s Responsibilities
Employers are legally prohibited from unfairly judging someone with disabilities when hiring, promoting, and terminating, meaning that if a corporation fails to comply, they might find themselves in need of a civil litigation lawyer. Employers are also required to make reasonable accommodations unless it would cause undue hardship.
Undue hardship is defined as significant difficulty or expense that would be faced by an employer while ensuring that the needs of an individual with a disability are met. A corporate lawyer could better advise based on unique circumstances, but one would have to take into account cost, health and safety, and outside sources of funding are considered.
According to the Canadian Human Rights Act, disability is any previous or existing physical or mental condition, whether it’s visible or non-visible, like mobility and sensory impairments, chronic conditions, and mental health conditions. Remember, you can never presume to know much about a person just by looking at them.
Along with that, the Accessibility for Ontarians with Disabilities Act (AODA) is a provincial law in Ontario that encourages better accessibility for disabled persons. It requires organizations to make their infrastructure, services, and information accessible to individuals with disabilities and sets standards for accessibility in areas such as customer service, employment, and information and communications.
Employers are bound to make accommodations up until the point where it would cause undue hardship.
Employers must take into account the individual’s accessibility needs when making decisions about the recruitment process and must provide reasonable accommodations to assist with the job application process. For example, if an individual requires an interpreter, an employer must provide one. Furthermore, they must consider the implications of the disability for the role. For example, when working at an immigration law firm and handling permanent residence applications and refugee claims is high-stress and brings serious deadlines.
For someone with a mental health condition, this could mean sudden absences or a need for a break, and that could necessitate having another immigration lawyer available to step in.
That’s not the most sustainable plan.
Once an individual with a disability is employed, it’s on the employer to make sure they have everything they need to perform their job duties. This could include costly, specialized technology.
This is especially important in the performance management process. For example, if an individual with a vision impairment requires accommodations to complete performance evaluations, the employer is legally obligated to provide them.
Additionally, employers must provide accommodations to individuals with disabilities for career advancement. For example, if an individual with a mobility impairment requires modifications to the work environment to attend training or meetings, the employer must provide them.
The legal world is complex and difficult to make sense of, but the personal injury lawyers at Nanda & Associate Lawyers are here for you. We can make sure that your hiring and managing process is free of any violations, so you can focus on running the company. Our team has decades of experience, and we pride ourselves on speaking over a dozen different languages.
When you have us in your corner, you have legal advice on hand for everything from shareholder disputes, hiring a foreign worker, or commercial real estate. Click here to book a consult with our skilled and versatile team.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
