This article contains general information and is not legal advice. For qualified legal advice, please call 604-876-7000 to get in touch with a BC Disability Insurance Lawyer near you.

*Please note that if you are a union employee and are subject to a collective agreement that references a disability insurance plan, you should immediately discuss your claim with your union representative. Our firm may not be able to assist in these situations. Limitation periods can be very short—sometimes weeks—when a union grievance process is available.

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Filing a disability insurance claim is rarely a simple process; that process is even more stressful when your employer becomes part of the problem. If your employer won’t accept your disability claim paperwork, your HR department is slow to respond, or you feel pressured to return to work before you’re ready, you should start learning more about your rights as a disability insurance policyholder.

This article will explain: 

• How employer involvement can affect the disability claims process
• What employer interference may look like in practice
• What steps you can take to protect yourself

Can an Employer Interfere with a Disability Insurance Claim?

While employers are legally prohibited interfering with a disability insurance claim, employers can, in some cases, interfere with your claim. 

The insurance company is who generally manages your disability insurance claim, but your employer still has a major administrative role, especially early-on. They must carry out various responsibilities when you make a claim. Failing to fulfill these administrative responsibilities may directly or indirectly affect your claim being processed. 

Some common administrative responsibilities include:

• Needing to complete and submit a portion of the claim forms
• Confirming your employment status, job title, and income information
• Providing details about your job duties and workplace accommodations
• Verifying the date you stopped working or went on medical leave
• Responding to requests for additional documentation from the insurer
• Supplying records related to sick leave, benefits, or workplace attendance

This doesn’t necessarily mean the employer is acting in bad faith — sometimes there are genuine misunderstandings, administrative delays, or disputes about the nature of the employee’s role or work history. But in some situations, employer conduct can cross a line into what might reasonably be described as employer interfering with a disability claim.

Possible Signs of Employer Interference in STD & LTD Claims

Only a lawyer can tell you whether your employer’s actions fall under STD and LTD claim interference. That said, there are some possible signs to be wary of. 

If any of the below apply to your situation, we recommend consulting with a British Columbia disability lawyer as soon as you can:

1. Employer refuses or delays submitting claim forms to the insurer
2. HR provides inaccurate job descriptions or employment information that affects how your claim is assessed
3. You are pressured to return to work before receiving medical clearance
4. Your employer discourages you from pursuing a claim or suggests it will affect your job
5. You are threatened with termination or disciplinary action while on approved disability leave
6. Supervisors contact you repeatedly during a medically recommended leave period
7. Your employer disputes the legitimacy of your medical condition without basis

If any of these sound familiar, please reach out to us for a consultation. As experienced disability lawyers in British Columbia, we can help you understand your legal options.

What Happens If an Employer Won’t Accept Your Disability Claim?

Some employers administer short-term disability (STD), sick leave, or salary continuance programs internally. In those situations, the employer may have greater involvement in determining eligibility.

Depending on the circumstances, you may have options to pursue your claim without your employer’s full cooperation. Please get in touch with our lawyers to understand your options.

What If Your Employer Pressures You to Return to Work?

While employers in British Columbia generally have obligations to accommodate employees with disabilities up to the point of undue hardship. They cannot force you to return to work if a doctor has deemed you medically unfit. 

There are cases where an employer will threaten to stop your benefits or end your employment if you don’t return to work. If your doctor has not cleared you to return to work, it’s important not to respond to an employer or insurer’s return-to-work demands.  

If this is happening to you, we strongly recommend meeting with our lawyers.

When to Speak to a Disability Lawyer

You don’t have to wait until a claim is formally denied to get legal help. There are strict timelines in place for disability insurance claims, so it’s important to take action.

Here are some scenarios where it’s recommended to speak to a disability lawyer near you:

• Your employer is refusing to submit claim paperwork or is significantly delaying the process
• You believe your employer has provided inaccurate information to the insurer
• You are being pressured to return to work against medical advice
• Your employer has terminated or threatened to terminate your employment while you are on disability leave
• Your short-term disability claim has been denied by an employer-administered plan
• The insurer has denied your LTD claim and you want to understand your appeal options
• You are unsure about your rights under your group benefits policy

Frequently Asked Questions

Can my employer deny my disability claim?

In most group LTD situations, the insurance company makes the decision about your claim, not the employer. However, if your employer administers a self-insured short-term disability plan, they may have authority to approve or deny claims at that stage. 

Regardless of if they have decision-making power or not, employer cooperation is necessary for the claims process to proceed smoothly. They act as an administrator and they have duties to fulfill in order for your claim to be processed effectively. 

Does my employer decide if I qualify for disability benefits?

Generally, no, employers don’t decide if you qualify for disability. 

Qualification decisions under a group insurance policy are made by the insurer based on the policy’s definition of disability and the supporting medical evidence. That said, your employer’s conduct, the accuracy of the information they provide, and their cooperation with the process can all have an indirect effect on how a claim is assessed.

What if HR refuses to submit paperwork?

If your HR department is refusing or significantly delaying submission of employer claim forms, try to document every attempt you’ve made to follow up. Depending on your policy and your employer’s obligations, there may be options to address this — including escalating within your organization, contacting the insurer directly, or seeking legal guidance.

What should I document during a disability insurance dispute?

Keep written records of communications with your employer and insurer, dates of form submissions, any medical documentation you’ve provided, and records of any pressure, refusals, or delays you have experienced. Organized, thorough documentation can be valuable if your claim escalates to a dispute or appeal.

For more information about what to do during a disability insurance dispute, get legal advice from our disability lawyers today.