I’m Part of a Union. Why Won’t Any Lawyers Help Me with My Denied Disability Insurance Claim?

Our firm often receives calls from unionized employees who are looking for legal representation to help them fight their group insurance for denying their long-term disability claims. These individuals, unable to perform the duties of their job due to illness or injury, have first sought assistance from their union only to find that their pleas for help are falling on deaf ears.

That’s when they start talking to lawyers, and that’s usually when the lawyers tell them that there’s nothing they can do to help. It’s tough not to feel angry and frustrated upon hearing this, but individuals in this situation should know that in most cases the issue is not that the lawyer chooses not to help; it’s that the lawyer may not be permitted to help.

There are exceptions to this. If you are part of a union and your claim for long-term disability benefits has been denied, you should speak to an experienced disability insurance lawyer and provide them with a copy of your CBA and any other information you have about your benefits so that they can determine if they are able to represent you against your insurance company for your disability benefits.

If, after speaking with an insurance lawyer, you are advised that they cannot represent you, you must try to work with your union to appeal the insurer’s decision. If your union is acting in a manner that is arbitrary, discriminatory or in bad faith, as set out in the Ontario Labour Relations Act, you may consider filing a Duty of Fair Representation (DFR) claim against your union to the labour relations board with the help of an employment or human rights lawyer.

Has your disability insurance claim been denied? Contact Share Lawyers and put our experience to work for you.

All initial consultations with our lawyers are free and there are no fees unless we win your case.