post-concussion syndrome may qualify you for short- or long-term disability
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a concussion is a brain injury which can be caused by a sudden acceleration of the head and neck resulting from a blow or contact to the body. you do not need to lose consciousness to have sustained a concussion.
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brain injury happens in an instant and lives can be changed forever. the numbers are staggering, according to experts. in fact, brain injury canada states that 200,000 concussions occur annually in the country.
there are close to half a million ontarians currently living with acquired brain injury and more than 45,000 new cases will be added every year. this number does not include the 155,000 new concussions that occur each year in ontario, states the ontario brain injury association.
according to a statistics canada report in 2024, almost two-thirds of all concussions reported in 2022 were due to a fall. just over one in 10 canadians reported getting concussed during a car accident and eight per cent were concussed on the job. yet, brain injury continues to be misunderstood and is often referred to as an “invisible disability”.
post-concussion syndrome and disability benefits
a few days after a concussion, some individuals begin to experience symptoms such as headaches, dizziness and reduced cognitive abilities, which may persist for months or even years after the accident, a condition called post-concussion syndrome.
people who are suffering from post-concussion syndrome are eligible to apply for short-term disability and long-term disability benefits.
often the debilitating symptoms of a concussion prevent someone from performing the essential tasks of their employment or in fact any gainful occupation that they are suited to by way of education, training or experience.
the ontario brain injury association advises that mental and physical rest is important for the first 24-48 hours after sustaining a concussion. full bed rest should not exceed three days and a gradual return to activities should begin as soon as tolerated.
symptoms can and may worsen over the next few days. a person should see their doctor before returning to their current level of activity (ie. work, school, etc.). it is highly recommended that you are seen by a doctor who is knowledgeable in dealing with concussion.
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if you have returned to work and you are experiencing a mild elevation of your symptoms, that increase should not incapacitate you or lead to a decrease in functioning the next day.
work together with your employer and doctor to create a slow return to work plan. a strong collaborative team can aid in a smoother transition with an increased chance of success.
disability insurance companies often deny short-term and long-term disability claims for post-concussion syndrome by alleging that there is insufficient medical evidence. similar to mental illness claims, post-concussion disability claims often involve what’s known as an “invisible injury”.
that’s why it’s so important to support your claim, by submitting supporting evidence such as doctor’s notes, therapist records, results of scans such as a ct or mri and statements from friends, coworkers and employers.
although the physical effect of a concussion may be difficult to see on a scan or another medical device, the impacts on a person’s ability to function socially and at work can be profound and long lasting.
you may find it helpful to turn to a disability lawyer with extensive experience in the resolution of claims stemming from post-concussion syndrome, plus familiarity with the legal process.
what is a concussion?
a concussion is a brain injury which can be caused by a sudden acceleration of the head and neck resulting from a blow or contact to the body. you do not need to lose consciousness to have sustained a concussion.
concussions can occur from many different activities including falls, assault, motor vehicle collisions, sports or being struck by an object. symptoms can appear immediately or, in some cases, days following the initial injury. after sustaining an acquired brain injury, many different symptoms or changes may be observed.
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physical symptoms can include balance and coordination problems, difficulty or inability to walk, weakness or difficulty moving arms and legs, numbness, fatigue, changes in hearing, sight, smell or taste, ringing in the ears, headaches, and even possible seizure activity.
cognitive signs of concussion can include disorientation to time, places or people, poor concentration, memory problems, slowed thinking, difficulty with reasoning, and problems planning.
someone suffering from concussion symptoms may have difficulty speaking or following a conversation, be unable to write, or be unable to handle daily self-care or household tasks, drive a vehicle, work or return to work.
nainesh kotak is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he was past chair of the long-term disability section of the ontario trial lawyers’ association.
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