More Things You Should Know About Workplace Health And Safety
You can file a complaint for unlawful reprisal with the Ontario Labour Relations Board toll-free at 1-877-339-3335. Unionized workers can file a complaint with their union under their collective agreements. If the OLRB decides that your employer has broken the law, it may order your employer to pay your lost wages or give you your job back. If you do not belong to a union, you can get help to file a reprisal claim from the Office of the Worker Advisor ; call toll-free 1-855-659-7744 or visit their website.
If you think you may have work-related health problems, you may call Occupational Health Clinics for Ontario Workers toll-free at 1-877-817-0336. At an OHCOW clinic a medical doctor will assess you and decide if the health problem is work-related. Your medical information is confidential and you do not need an Ontario Health Insurance Plan card. Services are offered in many languages.
If youre injured at work and the incident involves health care troeatment and/or time away from work, or lost wages, your employer must report your injury/illness to the Workplace Safety Insurance Board within three days of the incident. This can be done online or toll-free at 1-800-387-0750.
Employment And Disability Payments
Social assistance payments: DisabilityAllowance and Blind Pensionare means-tested disability payments. If you start work, you must notify theDSP and provide proof of your earnings . You do not need to have been getting yourpayment for a minimum period of time before you can take up work. You may keepyour Disability Allowance or Blind Pension if your income is below a certainlevel.
If you leave your new job, you should contact the DSP and your DisabilityAllowance will be quickly re-instated at the appropriate rate.
What Benefits Can Part
Benefits vary by company. Many companies offer different types of benefits based on the products and services they provide. For example, a fitness center could offer free or discounted memberships to part-time employees. Restaurant servers could receive a free meal during their shift, or a retail employee could get a store discount. Part-time employees could also receive basic benefits, like vacation time and health insurance, in addition to company specific benefits.
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Risks Of Working When Applying For Benefits
You need to earn a living, and it can take a long time to get approved for benefits. However, if your case is not cut and dry , you may want to think twice about working when you apply for benefits. While technically, making under $1,310 per month is okay, if it takes you more than a few hours week to earn this amount, and a claims examiner or judge sees that you are able to perform the work, they may be less likely to believe that your medical condition is so functionally limiting that you are totally disabled. On appeal, for instance, a judge may think that if you can work a somewhat demanding job part-time, perhaps you can work full time at an easy job. Or a judge may think that you are working part time only because you can’t find full-time work, not because of a medical condition. For these reasons, some disability lawyers advise their clients to not work at all while they await a decision.
Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medical aids or devices
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Whats The Elimination Period
While short term disability insurance begins paying benefits within a couple weeks following a qualifying illness or injury, long term disability insurance requires a longer waiting period, called an elimination period, before a policyholder begins receiving benefits. The length of the elimination period varies by policy but is often around 90 days. When considering a disability policy, take into account how you will cover your expenses during the elimination period. Do you have an emergency fund to cover your lost income and any medical bills you accrue during this time? If not, you may consider purchasing additional coverage to protect you immediately following a disabling illness or injury.
Seriously Do You Really Need To Understand Your Short
Heres the short answer: yes. While its not exactly a fun topic to think about, its important that you familiarize yourself with the details of your planso you dont have to get up to speed when you actually need the benefit.
However, wading through our own plan documents is a step that most of us skip. That informational booklet is immediately relegated to our desk drawer or filing cabinet.
Do you remember the first day you started your job? Its kind of a firestormyou cant focus well or often, says McDonald. So we dont spend a lot of time achieving clarity about the benefit in the beginning. We only acquire an understanding of it when we are in deep need of the benefit.
But particularly if you have an existing problem or condition, youre going to want to know the ins and outs of the benefit thats available to you.
Anybody who goes into a new job and has any kind of serious medical condition that could at some point in time render them unable to work, I think its a good idea to be able to see the actual short-term and long-term disability plan documents to see how they define disability and how they handle pre-existing conditions, adds Bartolic.
Ideally, youll never have to take advantage of your short-term disability benefits. But in the event that the unexpected happens, youll be glad that you took the time to understand whats offered to you. This explainer is a good place to start, but you also need to read through the details of your specific plan.
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Occupational Injuries Benefit Scheme And Rehabilitative Work
Injury Benefit is one of the benefits available under theOccupationalInjuries Scheme. If you are getting Injury Benefit you can do lightvoluntary work. You can also do part-time work which is part of a treatment orcharitable in character without permission. However, if you wish to do other rehabilitative work or atraining course you must get written permission from the DSP before starting. Exemptions allowing a person to work are notnormally granted within the first 26 weeks of Injury Benefit.
Incapacity Supplement is paid to people who are gettingDisablement Pension and who do not qualify for any other disability payments.You can work provided you do not earn more than 33 a week on average.However, if you wish to do other rehabilitative work or a training course youmust get written permission from the DSP before starting. Initial requests foran exemption to do training courses are automatically granted but subsequentrequests are referred to a DSP medical advisor. If you wish to take part in aCommunity Employment Scheme, you cannot retain your Incapacity Supplement butyou can retain your Disablement Benefit.
People getting Disablement Pension can work and do not need permission from the Department.
Basic Health And Safety Awareness Training
To help employers make sure that each of their workers and supervisors receive basic health and safety awareness training, the Ministry of Labour provides a set of training programs at no charge in multiple formats and in multiple languages.
The training programs include:
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If Im Injured On The Job Am I Eligible To Collect Sdi
In general, no.; If youre injured on the job and cannot work, you should qualify for temporary income replacement through Workers Compensation.
There are two exceptions.; First, if the amount of money paid to you from your Workers Compensation benefits is less than what SDI benefits would pay, then you may make a claim for SDI to cover the difference.; Second, if there is a delay in your Workers Compensation application you may apply for SDI benefits until the dispute is settled.
If your Workers Compensation claim is later approved, you will have to pay back the SDI you received so that you dont get double benefits for the same period of time. If you receive both Workers Compensation and SDI benefits for the same injury, be sure that you keep the EDD updated on your Workers Compensation claim and the Workers Compensation carrier updated on your SDI claim, so that you can avoid an overpayment.
How Much Can I Expect To Receive In Benefits
Disability benefits will pay 50% of your average wages up to a maximum of $170 per week.
Benefits will begin on your eight consecutive day out of work; the first seven days is an unpaid waiting period. You can receive benefits for a maximum of 26 weeks in a 52-week period. You will receive payment every two weeks.
For pregnancy, women are covered for six weeks after a normal pregnancy and eight weeks after a Caesarian section . WOmen filing for post-childbirth benefits receive the same payment as those filing for other disabilities.
Medical costs are not covered by disability insurance.
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Having To Work On A Public Holiday
If you have to work on the holiday because of the kind of job you have, your employer decides if:
- You get holiday pay plus premium pay. Premium pay is 1½ times your regular wages.
- You get your regular pay and another day off with holiday pay.;
For example, if the job you have is in a restaurant or a hospital, you might have to work on a public holiday.
Working Part Time After You’re Approved For Benefits
After you start receiving benefits, the rules change a bit as to whether you can work part time. For Social Security disability insurance , technically the SGA limit still applies, but you have what’s called a “trial work period.” This is a period of nine months during which you can more than the SGA limit. For more information, see our article on the trial work period.
If you’re receiving SSI, the $1,310 SGA limit applies only during your first month of benefits. After that, the SSI income limit applies instead. Because of the way earned income is counted , there is no set SSI income limit for those who work part-time. But the more you earn, the lower your SSI payment will be. And when you start making upwards of $1,600, your SSI payment will be reduced to zero. To understand how this works, see our article on the SSI income limit.
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Returning To Work With Changes To Your Schedule
You should immediately notify your manager if your physician has certified that you are able to return to work, but that you are:
- no longer able to carry out the duties of the position
- in a rehabilitation program
- recommended for a reintegration process
- not able to return to work on a full time basis
What Counts As A Disability
There isnt one standard definition for a disability that applies across the board here.
Its all plan- or policy-specific, says Chicago-based attorney Michael Bartolic, whose firm focuses on employee benefits and deferred compensation. As a general observation, its any sort of injury or illness that renders one unable to do their job.
That could include things like childbirth, a major surgery with a long recovery period, an illness that requires frequent treatment, or an injury sustained in some sort of accident. Bartolic explains that the best thing to do is to check your plan documents, as the definition of disability should be clearly spelled out there.
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What Are Your Options If Your Short
The first thing to do is to carefully read the correspondence thats saying its not being approved, advises Bartolic. That will tell the person a lot, and will tell them what to do if they disagree with the decision.
Most disability plans in America are covered under the Employee Retirement Income Security Act , which means claims are reviewed through the lens of this federal law.
If your plan is covered by ERISA, the law requires that the denied individual be presented with a right to appeal that decision. Its a mandatory feature of it, explains McDonald. That period of appeal is 180 days. During that time, you have perhaps your single best opportunity to give evidence to the insurer or plan administrator about why theyre wrong and why youre entitled to those benefits.
If you go through the appeal process and still are unable to convince them of your disability, then unfortunately youll have to initiate a lawsuit.
What We Mean By Disability
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you disabled under Social Security rules if all of the following are true:
- You cannot do work that you did before because of your medical condition.
- You cannot adjust to other work because of your medical condition.
- Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers compensation, insurance, savings, and investments.
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The Employer Pays A Portion And The Employee Pays The Balance With Post
If the employer pays a portion of the premium, and the employee pays the balance with post-tax dollars, then the benefits are taxable in the same proportion as the percentage of the premium paid by the employer. For example, if you paid for 50% of your premium with post-tax dollars, you would only be taxed on 50% of the benefit that your employer had been paying.
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The Right To Equal Pay For Work Of Equal Value
In Ontario, both men and women have the right to receive equal pay for doing work that may be very different in nature, but is of equal value. That right is protected by the Pay Equity Act.
The PEA requires employers to ensure employees in female job classes are paid as much as workers in male job classes when they are found to be comparable in value to the organization based on skill, effort, responsibility and working conditions.
The PEA covers male and female employees in female job classes of all public sector employers and of private sector employers with 10 or more employees in Ontario.
Employers are required to provide you with information about pay equity in your workplace. If you are represented by a union, your bargaining agent may be able to provide you with pay equity information.
Employers cannot fire or punish you for asking about pay equity or exercising your right to pay equity.
For more information or if you think that your employer has not achieved pay equity, please contact the Pay Equity Office at
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Are There Maximum Hours For Part
There are no set requirements for maximum part-time hours. As previously mentioned, the FLSA doesn’t have any parameters around maximum part-time hours. It’s the employer’s responsibility to outline what the maximum hours for a part-time worker would be, although the maximum number of hours should be less than those of a full-time employee.
What Type Of Work History Do I Need To Qualify For Benefits
When you apply for disability, SSA rules;require you to provide information on the work that you have done within the past 15 years.
The SSA evaluates your work history to determine what skills you learned, the responsibilities you had, and physical demands of your prior jobs. This evaluation helps the SSA decide whether any of those skills or faculties could transfer to other work.
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Disability Insurance For The Part
Do you have any clients who earn significant income while working an inconsistent schedule or in a part-time occupation?
For traditional Disability Insurance, it is a requirement that the client work full time in a particular occupation in order to qualify. This requirement eliminates many potential prospects that may have irregular work schedules or uncommon occupations.
We can provide you with an outlet to obtain Disability Income Insurance on clients who may not work 30+ hours per week.
How does it work?
We will help to qualify your clients based on their annual income without consideration to whether they earned that money in 36 days or 365 days.
Some instances where this comes into play are the physician who decides to scale back their work schedule to be more involved with raising a family or the musician who may only tour for a few months and not work for the rest of the year.
Other occupations such as fishermen and oil rig operators also have inconsistent work schedules that require special consideration for Disability Income protection.
Whether you have a highly compensated part-time worker, a celebrity or athlete, we can help you obtain coverage when the traditional carriers cant or wont.
We can also review previous Disability clients who may have previously been declined for coverage.