Dismissal from employment following a motor vehicle accident

At John Mickelson Law Corporation, we often see clients who are temporarily unable to work due to their injuries following an accident. Luckily, most of those clients eventually get better. Some, however, are faced with lifelong disabilities. They may be able to do some work, but not exactly the same type of work as prior. For example, we will often see clients who held physically laborious positions attempt to return to work, only to find that they have to work permanently reduced hours, or work “light duties”.

Under the BC Human Rights Code, employers have a duty to accommodate disabled employees to the point of undue hardship. This may involve allowing the employee to work reduced hours, modifying an employee’s duties, or moving the employee to another position in the company.

If an employer does not properly accommodate a disabled employee, the employee can file a claim with the Human Rights Tribunal. The employee may be able to recover damages for injury to dignity, feelings, and self-respect, as well as lost wages. This acts as a substantial incentive to employers to properly follow the Human Rights Code; however, not all employers are aware of their duties. Employees who find themselves facing discrimination in the workplace should contact a lawyer immediately, as there can be very short deadlines for filing a claim.

The law regarding accommodation under the Human Rights Code can be quite complex. Our firm has the knowledge and experience to assist personal injury victims who face discrimination in the workplace after they are injured.

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