what to do if your workplace accommodation is failing
4 minute read
modified work hours was the top reported workplace accommodation need in 2022, followed by modified or different duties and working from home.
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if an illness or injury has affected your ability to work, workplace accommodations are often the next step or solution. supports such as reduced hours, modified duties, remote work, or flexible scheduling can help many people stay employed.
but for some people, even such adjustments at their workplace become overwhelming or impossible to sustain over time.
when that happens, you might be asking yourself: “what do i do if workplace accommodations still aren’t enough?”
it might be of some comfort to know you are not alone. more than one-third of employed canadians with disabilities in 2022 needed a workplace accommodation (35.4 per cent), or had an unmet need (35.4 per cent), according to a statistics canada survey.
modified work hours was the top reported workplace accommodation need (16.3 per cent) in 2022; followed by modified or different duties (11.6 per cent); working from home (10.9 per cent); modified or ergonomic workstation (10.7 per cent); and a special chair or back support (10.3 per cent). other needs included communication aids, building accessibility and specialized transportation.
however, if your symptoms continue to prevent you from performing your essential job duties, even with modifications, you may be entitled to short-term disability (std) or long-term disability (ltd) benefits.
workplace accommodations can fail for several reasons that are often beyond your control.
conditions such as chronic pain, fibromyalgia, depression, anxiety, ptsd, long covid, or migraines often flare up unpredictably. a task that seems manageable in the morning can become unbearable by the afternoon. even a reduced workload can become too much to handle consistently.
even a “lighter” version of your job may still require multitasking, sustained concentration or productivity levels you cannot maintain. it may also involve repetitive movements that trigger pain, or constant screen time that worsens your symptoms.
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some employers lack the resources, training, or full commitment to make accommodations meaningful and despite best efforts on everyone’s part, many employees feel guilt, shame, or insecurity about their job, which can cause stress and worsen their symptoms. this pressure can make a sustainable return to work feel impossible.
under the ontario humans rights code, employers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard. this is to ensure that people with disabilities have equal opportunities and access in a way that promotes integration and full participation
insurance companies sometimes argue that a claimant can continue working “with modifications.” however, if you have already tried and failed to work with accommodations, this can become powerful evidence supporting your disability claim.
it might be time to consider applying for std or ltd benefits if you notice the following:
- you cannot complete even modified duties without significant pain, fatigue, or cognitive decline;
- you need frequent breaks just to get through the workday;
- you find yourself making errors, missing deadlines, or struggling with once-easy tasks;
- your employer has raised concerns about your performance;
- your symptoms get worse because of your attempts to work;
- you are constantly exhausted, either physically or mentally; and
- your doctor recommends that you stop working.
if you are experiencing these signs, it may be time to get expert guidance and prepare for a disability claim.
a successful disability claim depends on strong medical evidence. tell your doctor exactly how your modified duties are affecting your symptoms, what tasks you cannot perform, and how your attempts to work impact your daily life. your doctor’s role is to document your functional limitations, not to comment on employment law.
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ask your doctor for a note that is specific. it should explain: why you cannot perform your essential duties, what symptoms prevent sustained productivity and why even modified duties are unsafe or unsustainable for you. vague statements such as “patient cannot work” are far less effective.
it also helps if you keep a detailed diary or a clear email trail. note: increased pain, fatigue triggered by specific tasks, inability to concentrate, headaches, flares, or emotional breakdowns and any feedback from your employer on your performance.
your personal documentation can be extremely persuasive to an insurance provider.
one important tip? avoid resigning from your job or agreeing to any severance or termination with your employer without consulting with a lawyer as it could affect entitlement to disability benefits and also potentially reduce the disability benefit you may be entitled to. it could also preclude you from obtaining severance or termination pay in common law or statute.
when modified duties don’t work, it’s easy to feel frustrated, guilty, or worried about your job. however, you are not required to keep working if your health does not allow it. a failed attempt at accommodation is not a personal failure; it is an important part of your journey toward securing the support you need.
nainesh kotak is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he is a member of the ontario justices of the peace appointments advisory committee of the central west region and was past chair of the long-term disability section of the ontario trial lawyers’ association.
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