Workplace accommodations are often the first step when an illness or injury affects your ability to work. Supports like reduced hours, modified duties, remote work, or flexible scheduling can help many people stay employed. But for some, even these adjusted duties 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?”
In Canada, the law recognizes that accommodations are not always a complete solution. 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.
This guide explains why accommodations can fail, how this affects your legal rights, and what steps to take when transitioning to a disability claim in Canada.
Why Modified Duties Fail and What It Means for You
Many employees try to “push through” by accepting lighter duties or reduced hours. It is a commendable effort, but accommodations can fail for several reasons that are often beyond your control.
Your Symptoms Fluctuate or Worsen
Conditions like 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.
Modified Duties Still Require Too Much Capacity
Many employers underestimate how demanding a role can be, even when modified. A “lighter” version of your job may still require:
- multitasking
- sustained concentration
- productivity levels you cannot maintain
It may also involve repetitive movements that trigger pain, or constant screen time that worsens your symptoms.
The Pressure to Perform Does Not Go Away
Even with a modified schedule, expectations remain. 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.
Accommodations Are Not Implemented Properly
Some employers lack the resources, training, or full commitment to make accommodations meaningful. The support you receive may be inadequate or inconsistent, preventing you from succeeding in the modified role.
Your Condition Is Too Severe for Any Work
Ultimately, workplace accommodations cannot replace functional ability. If your health prevents you from completing the essential duties of your job, even a limited set of tasks may not be realistic or safe for you to perform.
How Failed Accommodations Can Support Your Disability Claim
Insurance companies sometimes argue that a claimant can continue working “with modifications.” However, when you have already tried and failed to work with accommodations, this can become powerful evidence supporting your disability claim.
A failed attempt at accommodation helps demonstrate that:
- You made a genuine effort to remain employed.
- You fully cooperated with your employer.
- Your condition directly interferes with your essential job duties.
- Your symptoms persist even with reduced expectations.
- Your disability is real and functionally impairing.
Canadian courts often view failed accommodations as objective evidence, which strengthens a claimant’s credibility.
Signs It’s Time to Transition to a Disability Claim
Continuing with accommodations that aren’t working may harm your health and your future 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 or naps 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.
- Your doctor recommends that you stop working.
If these signs sound familiar, your next step should be preparing for a disability claim.
If you are experiencing these signs, it may be time to get expert guidance. Contact Kotak Law to understand your rights and options for a disability claim.
How to Transition to a Disability Claim
This phase must be handled carefully to protect your entitlement to benefits. Consider the following steps.
- Speak With Your Doctor
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.
- Document Your Experience
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
- any feedback from your employer on your performance
This personal documentation can be extremely persuasive to an insurance provider.
- Get a Detailed Medical Note
Ask your doctor for a note or an Attending Physician Statement that is specific. It should explain:
- why you cannot perform your essential duties
- what symptoms prevent sustained productivity
- why even modified duties are unsafe or unsustainable for you
Vague statements like “patient cannot work” are far less effective than notes detailing specific functional limitations.
- Apply for STD or LTD Benefits
When accommodations fail, it is time to start a formal disability claim. This involves:
- notifying your HR department or benefits provider
- completing the required employee statements
- having your doctor complete the medical forms
Ensure all information accurately reflects your functional limitations, not just your diagnosis.
- Avoid Resigning from Your Job
Never resign from your position without seeking legal advice first. Insurance companies may deny your benefits if you quit, arguing that you voluntarily left your job. A disability lawyer can help you navigate employment decisions that could impact your claim.
Common Insurer Tactics When Accommodations Fail
Even with strong evidence, insurers may try to deny your claim. Common arguments include:
- “You did not try hard enough to return to work.”
- “Your ability to do modified duties means you are capable of some work.”
- “There is no objective evidence of disability.”
- “Your employer could accommodate you further.”
Kotak Law successfully challenges these denials by using:
- your documented failed return-to-work attempts
- specific medical evidence
- functional capacity limitations
to build a strong case. A failure of accommodations is not a reason to deny benefits—it is key evidence supporting your disability.
We Can Help When Workplace Accommodations Fail
When modified duties don’t work, it’s easy to feel frustrated, guilty, or worried about your job. You are not alone, and 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.
Kotak Law has extensive experience helping Canadians transition from unsuccessful workplace accommodations to successful STD and LTD disability claims.
