Long Term Disability Violations and What to Do About Them

If your employer offers long-term disability insurance, whether you pay a portion of the premiums or not, you should be able to reasonably expect that your policy will cover you if you become injured or disabiled and unable to work. Unfortunately, as the experts at https://pwlaw.ca/long-term-disability/ will tell you, this isn’t always the case. Some employers don’t want to pay the increased costs that are associated with long-term disability benefits and do everything they can to avoid paying what you’re due. Here’s what to look for and how to handle violations.

What Do Long Term Disability Violations Look Like?

The law that governs private long term disability employee benefit plans is called the Employee Retirement Income Security Act or ERISA. This law prevents employers from engaging in certain activities as a way to avoid paying long disability benefits. Your employer might be in violation of ERISA if they:

- Terminate your employment for making a long term disability claim or right before you become vested in certain benefits.
- Suspend your benefits or duties after you make a claim or if a claim is expected.
- Impose a fine on you for claiming your benefits.
- Make threats to you for claiming your benefits or to prevent you from claiming your benefits.
- Discipline, demote, or transfer you to a less favorable position after you make a claim.

What To Do If You Believe Your Employer Has Violated ERISA

You will be required to prove your employer intentionally violated the ERISA law when they took a certain action. You may be certain that you were demoted because you made a long-term disability claim, but will you be able to prove that your employer in fact intended to punish you for that specific reason? This is extremely challenging to prove because your employer can say they demoted you for other reasons and may even have documented proof that your claim had nothing to do with that decision.

This is why it’s necessary for you to seek legal advice from an experienced employment law attorney who can advise you on your rights. They will listen to your story and give you guidance on what you should do next. If they think you have a case that your employer did in fact violate ERISA, they will begin building an argument to prove it.

You will first need to provide evidence that your employer interfered with your right to claim long-term disability benefits. An attorney will help you find that evidence and any supporting documentation. Your employer will have an opportunity to produce evidence that their actions were not related to your claim. If they are unable to do that, you will likely win a judgment in your favor. If, however, they do provide proof, you will need to show that your employer’s evidence is insufficient to prove they did not treat you punitively.


As you can see, proving an ERISA violation is difficult and is not something you should attempt on your own. Having an experienced employment law attorney by your side will drastically increase your chances of successfully proving any long term disability violation.

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Posted - 07/05/2022