Sedentary jobs, while seemingly low-risk, can lead to a range of serious injuries over time. In Ontario, office workers and others in desk-bound roles are prone to developing health issues from prolonged sitting and repetitive movements. The Canadian Centre for Occupational Health and Safety recognizes injuries and illnesses from long periods of sitting as a serious occupational health and safety issue. Understanding these common injuries is crucial for prevention and seeking compensation when you’ve been injured on the job.
Navigating workers’ compensation or long-term disability (LTD) claims in Ontario can be overwhelming, especially when your sedentary job classification affects your eligibility. At Goodman Elbassiouni LLP, our Toronto LTD lawyers and Toronto WSIB lawyers can help clients who are struggling with their disability claims, including those who have been classified as performing ‘sedentary work’. To learn more about your legal options, schedule your free consultation with our team today.
What Are Sedentary Jobs?
When applying for long-term or short-term disability benefits, the type of job you have can impact your claim. When it comes to sedentary work, the Canadian government and insurance companies use a specific definition to confirm your type of employment. Under the law, sedentary jobs are classified as involving:
- Minimal physical exertion
- Primarily sitting
- Limited walking and standing
- Occasional lifting, pushing, or pulling up to 10 pounds (where ‘occasional’ refers to activities that are performed up to ⅓ of the time)
- Frequent use of a negligible amount of force (where ‘frequent’ refers to activities that are performed between ⅓-⅔ of the time)
- And more
Individuals who spend long periods in a seated or stationary position, such as drivers, customer service representatives, or office workers, are at risk for injury and a variety of negative health effects. The most common jobs associated with sedentary work include:
- Writers and editors
- Software programmers and developers
- Data entry clerks
- IT support workers
- Lawyers, accountants, and bookkeepers
- Customer service representatives
- Administrative assistants
- Remote workers in general
- And more
If you develop an injury or illness while at a sedentary job that prevents you from working, you may be eligible for disability benefits through your insurance provider or the Workplace Safety and Insurance Board (WSIB).
Common Injuries From Sedentary Jobs
There are a variety of injuries and illnesses you can develop while working at a sedentary job. These types of injuries can hinder your ability to work and may necessitate a short-term or long-term disability insurance claim.
Common sedentary injuries are related to sitting for prolonged periods or repetitive movements. They may affect the muscles, bones, tendons, or ligaments. Frequent injuries and illnesses that occur as a result of sedentary work include:
- Carpal tunnel syndrome
- Mental health disorders
- Depression
- Postural problems
- Lower back pain
- Deep vein thrombosis and blood circulation issues
- Obesity
- Respiratory issues
- Chronic pain
- Chronic fatigue
- And more
Are you unsure of whether the injury or illness you have sustained at your sedentary job is eligible for compensation? By speaking with an experienced LTD or work injury lawyer in Ontario, you can assess your situation with the aid of a professional and better understand your qualifications.
Why Sedentary Work Injuries Can Be Difficult To Prove
Sedentary work injuries can be more difficult to prove than a sudden workplace accident because they often develop gradually. A worker may not be able to point to one specific moment when the injury happened. Instead, the claim may involve months or years of repetitive typing, prolonged sitting, poor workstation setup, heavy workloads, limited breaks, or duties that worsen an existing condition.
This can create problems in both LTD and WSIB claims. An insurer may argue that a person can still perform “desk work” because the job is not physically demanding. WSIB may ask whether the condition is connected to work duties, a non-work health issue, or a combination of both. For that reason, it is important to document how your symptoms affect your actual job duties, not just your diagnosis.
Helpful evidence to gather after realizing that you have developed an injury at your sedentary job may include medical records, ergonomic assessments, job descriptions, photos of your workstation, emails about workload or modified duties, symptom journals, and records of when you first reported pain or functional limitations. Ontario’s guidance on ergonomics in the workplace also confirms that hazards related to poor ergonomics must be treated like other workplace hazards.
What to Do When You Are Injured at Your Sedentary Job
When you develop an injury or illness at work that prevents you from continuing your job, you can apply for LTD benefits through your insurer or file a claim with the WSIB. However, during LTD claims, the classification of your job can have a significant impact on the outcome of your case.
When you file for LTD benefits, a key component insurers consider is whether you can continue to perform sedentary work. If you can still perform sedentary work but cannot partake in more physically demanding jobs, you might not qualify for benefits. Conversely, if your medical condition restricts you to sedentary tasks, but your former job required more physical activity, you may be eligible for LTD benefits.
If your injury or illness may be work-related, you should report it promptly and keep copies of all forms, medical notes, and communications. The Office of the Worker Adviser explains that workers generally must file a WSIB claim as soon as possible and no later than six months from the accident date, or from the date they discover an occupational disease and that it is work-related.
How Sedentary Work Classification Can Affect LTD Claims
A sedentary work classification can become especially important in an LTD claim because the insurer may focus on what it believes you can still do, even if you’re not practically able to. For example, an insurer may say you can sit, type, answer calls, or work from home. However, many disabling conditions affect more than just a worker’s ability to sit at a desk.
Chronic pain, medication side effects, migraines, fatigue, anxiety, depression, concentration issues, or flare-ups can make even “sedentary” duties unrealistic on a reliable and consistent basis. In many cases, the issue is not whether a worker can sit for a few minutes or complete an isolated task. The real question is whether they can perform the essential duties of the job safely, consistently, and productively.
This is why the medical evidence you gather to support your claim should focus on function. A useful medical report may explain sitting tolerance, standing tolerance, hand and wrist restrictions, concentration limits, medication effects, need for breaks, expected flare-ups, and whether modified duties are realistic. Our long-term disability lawyers at Goodman Elbassiouni LLP can help identify gaps that may need to be addressed before an insurer makes or maintains a denial.
How Can A Disability Lawyer Help Me After Sustaining a Sedentary Injury?
LTD claims involving sedentary work can be challenging due to the prevalence of ‘invisible’ disabilities that are not taken into fair account by insurance companies. For example, mental health issues or chronic pain can make it difficult to concentrate or focus, even if your work isn’t physically demanding.
This is why, when you are injured at your sedentary job and are seeking benefits, it is always advisable that you speak with a knowledgeable disability lawyer. A legal professional can assist you with:
- Clarifying Job Classifications: Ensuring that you and your insurance provider understand how your job is classified and how it may impact your claim.
- Gathering Functional Evidence: Helping you explain how your condition limits sitting, typing, concentration, stamina, attendance, and other work requirements.
- Handling Claim Denials: If your claim is denied or cut off due to a misunderstanding of your work classification, an LTD lawyer can provide the necessary legal guidance and representation.
- Advocating for Your Rights: An experienced lawyer will ensure your case is presented effectively, highlighting how your condition affects your ability to work, even in a sedentary role.
Misclassifications of sedentary work injuries can lead to wrongful denials or termination of benefits. If you’re experiencing difficulties with your LTD claim, seeking legal advice can make all the difference. At Goodman Elbassiouni LLP, our team is dedicated to supporting you through each stage of the LTD process, safeguarding your rights. Contact us today for a free case assessment.
Have You Been Injured From Sedentary Work? Speak With Our Team Today
Even as a sedentary worker, injuries or illnesses can have a significant impact on your life. You have rights, and Goodman Elbassiouni LLP is here to help you defend them. Our Toronto work injury and long-term disability lawyers are committed to protecting your rights, whether you’re dealing with disability claim denials or injuries related to sedentary work.
You can rely on us for exceptional legal support – we’ll be with you every step of the way to ensure you receive the justice you deserve. To schedule your free case assessment with our lawyers today, you can contact us online or call our Toronto office at 905-265-1005.