This chapter considers a variety of real life issues which must be considered in the context of a workplace disability. It is often the impact of such real life decisions which dictate the course of action to be followed.

Few people would consider the caution which should be exercised when changing employment. It, nonetheless, is very important as such a decision could lead to the loss of benefits coverage.

Similarly, an employer’s decision to terminate an employee on the basis that they have a disability, is one clearly in violation of human rights protected values, but may also cause undue and perhaps irrecoverable damages. The solution may be one of persuasion as opposed to litigation.

An awareness of the issues of the recurrent disability is also important, particularly when the insured is without employment to which they may return.

Trial counsel will be interested in the case law which has allowed trial by jury of disability claims, a remedy which may include damage claims for breach of good faith. The same is true of the issue of adjusting and which party should be sued and discovered, a question also reviewed in this chapter.

Similarly the question of the choice of law clause, while rarely occurring, is one which is interesting and demands a complete understanding.

Needless to say, tax issues are of significance as is the latitude available to negotiate the components of the claim with some degree of certainty.

Also considered is the question of social programs designed to provide for economic and other benefits to those who are disabled, such as Employment Insurance, C.P.P and social benefit plans.