Group Benefits and the Role of the Employer – Part 2

Group Benefits and the Role of the Employer – Part 2

From the Desk of David Share 

In Part 1 of this blog I discussed the reasons why Employers should make sure that their employees are given proper access to their benefits when faced with an employee claiming disability benefits.

In Part 2, I want to discuss the difficulty faced by an employee who is claiming disability and how it impacts on the workplace. Employees who are claiming disability usually face a very difficult decision about putting in a claim for disability. The most common situation is where the employee is struggling with a medical condition that prevents them from carrying out their occupational duties but they remain at work. The desire to work through these difficulties is often overwhelming as most people do not want to accept that they will have to make a claim for disability. They are concerned about the stigma that may be attached to making the claim and also the potential risk it will place on their continued employment. This problem is even more acute where workplace stress has played a significant role in pushing the employee towards claiming disability.

These are difficult situations as employers want to get performance out of their employees so that the company’s goals and objectives can be met, while the employee wants to get the work done but also look after their health concerns.

In some situations, there is disagreement between the employer and employee regarding what is going on in the workplace, and therefore, also what is really going on with a claim for disability benefits being made. In some situations an employer is suspicious regarding the employee’s motive for claiming benefits, and doubts the truthfulness of the claims being made.

So, what is an employee to do in these circumstances? They ought to make sure that they are doing all they can to protect their interests. If they feel that the employer is not sympathetic, they should consider consulting a lawyer that may be able to assist with navigating through getting employer co-operation in making a claim, or in the alternative, to provide advice regarding the potential pitfalls.

For employers, I refer you back to Part 1, as employers should also ensure that they take the necessary steps to provide appropriate guidance to employees regarding their benefits and not stand in the way of claims being submitted, so that they manage their potential liability in an adequate manner.

If you have any more questions about this topic, or if you or you think someone you know has a disability claim. Learn more about what Share Lawyers does.

Disclaimer: You should not act or rely on any information in blog. Each person or company’s legal needs are unique, and you should ask a lawyer directly to assess your specific needs. You should also be aware that there are time limitations and notice requirements that may affect your rights.