Brain Injuries and Head Trauma and Long-Term Disability Benefits in Canada

Suffering from a brain injury or head trauma can have profound and long-lasting effects on an individual’s life, including their ability to work and earn a living. According to Brain Injury Canada, about 2% of all Canadians live with a Traumatic Brain Injury (TBI), and there are about 18,000 hospitalizations for TBI annually. By 2031 it is expected to be among the most common neurological conditions affecting Canadians next to Alzheimer’s and epilepsy. Understanding how these injuries relate to long-term disability (LTD) benefits in Canada is crucial for individuals navigating the complexities of insurance claims. The more you know about brain injuries, head trauma, and the process of seeking LTD benefits for such conditions, the more it can help your own case, especially if you’re facing a denial.

Understanding Brain Injuries and Head Trauma

Brain injuries and head trauma can result from various causes such as accidents, falls, sports injuries, or medical conditions like strokes. With one third of all individuals with TBI being women, one of the leading causes of the injury is intimate partner violence. These injuries can range from mild concussions to severe traumatic brain injuries (TBIs), impacting cognitive abilities, motor skills, emotional well-being, and overall quality of life.

Common Brain Injury Symptoms

Brain injuries and head trauma can result in a range of symptoms that vay in severity depending on the type and extent of the injury sustained. Some common symptoms include:

Physical Symptoms:

• Headaches or migraines
• Nausea and vomiting
• Dizziness or loss of balance
• Sensitivity to light or noise
• Fatigue or sleep disturbances
• Blurred vision or other visual problems
• Ringing in the ears (tinnitus)
• Changes in taste or smell

Cognitive Symptoms:

• Memory problems (short-term or long-term memory loss)
• Difficulty concentrating or paying attention
• Slowed thinking or processing speed
• Confusion or disorientation
• Difficulty organizing thoughts or tasks
• Trouble with problem-solving or decision-making

Emotional and Behavioral Symptoms:

• Mood swings or emotional instability
• Irritability, agitation, or anger outbursts
• Anxiety or depression
• Changes in personality or behavior
• Social withdrawal or isolation
• Impulsivity or risk-taking behaviors

Sensory Symptoms:

• Sensory processing difficulties (hypersensitivity or hyposensitivity)
• Changes in taste, smell, or hearing acuity
• Visual disturbances or double vision
• Tingling sensations or numbness in extremities

Motor Symptoms:

• Weakness or paralysis in limbs
• Lack of coordination or balance problems
• Tremors or involuntary movements
• Difficulty swallowing (dysphagia)
• Changes in fine motor skills (handwriting, buttoning clothes, etc.)

Communication and Language Symptoms:

• Difficulty speaking or slurred speech (dysarthria)
• Trouble understanding language or following conversations (aphasia)
• Impaired reading or writing abilities
• Challenges expressing thoughts or finding the right words (word-finding difficulties)

It’s important to note that symptoms of brain injuries and head trauma can manifest immediately after the injury or develop gradually over time. In some cases, individuals may experience a combination of these symptoms, and the effects can be temporary or long-lasting depending on the severity and recovery trajectory of the injury. Seeking medical evaluation and treatment promptly after a head injury is crucial for accurate diagnosis, symptom management, and rehabilitation planning.

Head Trauma and Long-Term Disability

Individuals with brain injuries or head trauma may face challenges in performing the duties their job requires, maintaining productivity, and engaging in daily activities due to physical, cognitive, and emotional limitations. When returning to work following a head injury, it’s important to approach this change with caution and care, as the road to recovery may be a long and difficult one. LTD benefits can provide crucial financial support during periods of incapacity, helping individuals focus on recovery and rehabilitation without added financial stress.

Are Brain Injuries and Head Trauma Covered by my LTD Policy?

Most LTD insurance policies in Canada cover disabilities resulting from brain injuries and head trauma, provided that the injuries significantly impair the individual’s ability to work. Policy coverage may vary based on specific terms, definitions, exclusions, and eligibility criteria outlined in the policy. Reviewing your policy or consulting with a disability lawyer can clarify your coverage options.

Brain Injury and Head Trauma Disability Benefits

To support your disability insurance claim for brain injuries or head trauma, comprehensive medical documentation and evidence are very important. Supporting documents may include medical records, diagnostic imaging reports (like CT scans or MRIs), neuropsychological assessments, treatment history, physician statements, and functional assessments outlining how the injuries impact your ability to work and perform daily activities.

What Do You Need to Support Your Brain Injury Disability Claim?

• Detailed medical records documenting the nature and extent of your brain injury or head trauma.
• Reports from treating physicians, neurologists, neuropsychologists, and rehabilitation specialists outlining your diagnosis, treatment plan, ongoing symptoms, and prognosis.
• Neuropsychological assessments evaluating cognitive function, memory, attention, and other cognitive abilities affected by the injury.
• Functional assessments describing limitations in physical activities, cognitive tasks, emotional regulation, and social interactions related to the injury.

Can My Disability Benefits Be Denied?

Insurance companies may deny disability benefits for brain injuries or head trauma due to various reasons such as insufficient medical evidence, policy exclusions, surveillance, or administrative errors. If your claim is denied, understanding your appeal rights and gathering additional supportive evidence is the next step to ensuring you get the benefits you deserve.

What to Do If My LTD Benefits Have Been Denied?

If your LTD benefits for brain injuries or head trauma are denied, seek legal assistance from an LTD disability lawyer promptly. They can review your case, advise you on appeal strategies, gather necessary evidence, and advocate on your behalf during the appeals process or potential legal proceedings.

Why You Should Contact an LTD Disability Lawyer

Navigating LTD claims for brain injuries or head trauma can be complex, especially when facing denials or challenges from insurance companies. An experienced disability lawyer can provide invaluable support by understanding the legal nuances, protecting your rights, advocating for fair treatment, and helping you secure the disability benefits you deserve to ensure financial stability during your recovery journey.