A traumatic brain injury (TBI) is a type of injury that occurs when there is sudden trauma or force to the head, which can cause damage to the brain. TBIs can range from mild, such as a concussion, to severe, such as a penetrating head injury.
The most common causes of TBI are falls, motor vehicle accidents, sports injuries, and physical assaults. Symptoms of TBI can vary depending on the severity of the injury, but may include headaches, dizziness, confusion, memory loss, and changes in mood or behavior.
Individuals with brain injuries often experience various cognitive, physical, and emotional impairments that can significantly impact their ability to work or maintain employment. Cognitive deficits, such as difficulties with memory, attention, problem-solving, and executive functioning, can impede an individual’s capacity to effectively process information, prioritize tasks, and make decisions. Additionally, physical symptoms, including impaired motor skills, fatigue, and chronic pain, may hinder their ability to perform job-related tasks or withstand the demands of a full-time work schedule.
Many individuals who suffer serious brain injuries end up relying on long-term disability benefits and unfortunately – a lifetime of trying to prove their invisible injury to their disability insurance carrier. Individuals with brain trauma are often met with resistance from their disability carrier since brain injuries are often seen as “the invisible injury” because there are typically no signs of injury to the naked eye. On the outside, someone may look perfectly normal and healthy, but on the inside things are very different.
If you have been denied your long-term disability benefits you have the right to your own long-term disability lawyer. Camporese Lalande has been representing disability claimants for decades and have the experience you need to help overturn your disability benefit denial. Call us today at 1-844-434-7224 for your FREE CONSULTATION or alternatively, send us a message through our website and we will be happy to get right back to you and schedule your FREE CONSULTATION and explain your legal rights to you, and what remedy you may be entitled to. Remember – if we work together, we will NEVER ask for money upfront, under any circumstances. Our brain trauma disability lawyers only get paid – if you get paid.
Your disability insurance company may try to convince you to appeal your denied disability claim through their internal system, but many claimants will discover that this process is ineffective and a waste of valuable time that simply delays your benefit payment.
Filing an internal appeal with your disability insurance company may not always be the most advantageous course of action, particularly if you have concerns regarding potential bias within the company. Insurance companies are responsible for both evaluating claims and providing benefits, which can create a potential conflict of interest. They may have a financial incentive to minimize their expenses by denying or limiting claims. As a result, the company’s internal appeals process may not be entirely impartial or objective, as it is still conducted within the same organization that initially denied the claim. This inherent bias can make it challenging for claimants to receive a fair and thorough review of their case. Consequently, individuals who are dissatisfied with their disability benefits determination may wish to explore alternative avenues for dispute resolution, such as seeking the assistance of a disability lawyer.
Traumatic brain injuries are caused as a result of some external force acting against the head and brain, causing damage to the brain. These external forces are not faced just by pro athletes, they are forces that we can face in our every day lives. These include:
Traffic accidents: Brain injuries from traffic accidents account for most traumatic brain injuries. The extent of damage is affected by the type of vehicle, speed, and other factors at play during the accident.
Falling (and hitting the head): Brain trauma due to falls (especially those involving heights) can result in serious damage.
Assault: Brain injuries caused by assault, such as gunshot wounds or physical altercation, are often traumatic and cause severe brain damage.
Sports/recreational activities: Brain trauma resulting from sporting or recreational activities are common in cases such as skiing, bicycle riding, skateboarding, and contact sports. Brain trauma from these activities can range from mild to severe, depending on the level of contact.
Signs and symptoms of brain trauma can range depending on the level of damage. The symptoms of brain trauma can be organized into three levels: mild, moderate and severe. The circumstances of brain trauma will also play an important role in determining the level of brain trauma. Brain trauma can impact cognitive function, perception, physical ability as well as a person’s behaviour and emotional state of mind.
Cognitive symptoms of brain trauma can result in effects on someone’s ability to perform even the most basic cognitive tasks necessary for daily life. Brain trauma can result in an individual being unable to handle basic tasks and communication, resulting in:
There can be symptoms of brain trauma that affect a person’s perception or sensory abilities, which can result in difficulty performing daily activities. It’s common for someone experiencing symptoms of brain trauma to feel confused and frustrated at their disability. In addition to changes in someone’s sense of touch, hearing or sight, perceptual symptoms can affect someone’s ability to understand and interact with the world around them, resulting in:
Brain trauma can result in physical symptoms that can be very painful and sometimes life-threatening. Other physical symptoms, like perceptual symptoms, make it challenging for individuals to interact with the physical environment around them without difficulty, leading to:
Damage to areas of the brain that are responsible for impulse control and behaviour may result in emotional symptoms of brain trauma, including:
The results of a brain injury can be devastating to a person’s ability to work, resulting in symptoms that would make doing many tasks very difficult. No matter how much someone wants to get back to their working lives, a return to work after brain trauma should be approached with caution as the first priority.
Recovery from traumatic brain injury can be a frustrating time for individuals planning a return to work. They may feel physically fine to work but continue to experience symptoms of their brain trauma that results in small but noticeable changes, including:
While it’s not to say that people never find employment after suffering brain trauma, it can be difficult to find a company that understands the condition and is willing to make the necessary accommodations. Someone with brain trauma looking to return to the position they held prior to the brain trauma may find that symptoms of the brain trauma mean that they’re no longer able to fulfill the tasks of the job they once held.
Cognitive symptoms of brain trauma can mean that people who were working in upper management or positions of authority might no longer have the mental capacity to handle the same level of work. Careers that require the ability to work as part of a team unit, such as construction, sales, or consulting, can also be difficult for those with brain trauma. It can be a humbling and frustrating experience for someone with brain trauma to have to seek employment that matches their ability after brain trauma, and many in this position may feel resentful and continue to remember when they did not have to deal with the symptoms of brain trauma and had a different set of abilities.
Former construction workers, first responders, miners and other individuals in fields requiring a greater degree of physicality may face different challenges than those working in office positions. Brain trauma can also negatively affect an individual’s physical ability:
Some individuals with brain trauma who work in these occupations may find it necessary to shift to a position within the company that allows them to have breaks from physical tasks. Management or clerical positions, for example, can be an option to consider for those with milder cognitive symptoms of brain trauma who are dealing with physical symptoms that prevent them from being effective contributors in a physical field of work.
However, since many industries like mining and manufacturing are heavily reliant on physical labourers and have less need for management or clerical employees, people returning after a traumatic brain injury can find themselves with fewer opportunities to work if they’re unable to meet the physical requirements of the job. .
If parts of the brain that are responsible for behaviour and personality are affected, there are behavioural and emotional symptoms that can arise that impact an individual’s ability to return to work. Someone with brain trauma might start to witness certain changes to their personality that might hold them back from certain types of occupations after a traumatic brain injury. These changes can include:
Any symptoms of brain trauma can result in serious difficulty handling even the most basic everyday tasks. Someone with brain trauma may be able to fulfill work duties, but it may take maximum effort and be incredibly draining on someone with less stamina and energy, as is often the case in people living with the effects of brain trauma.
Working after a traumatic brain injury is often not an option because of its impact on the rest of life. An individual with brain trauma will be much more temperamental and prone to angry outbursts at home as a result of the accumulated stress at the workplace. In addition, someone with brain trauma may be simply too exhausted after dealing with the responsibilities at work to manage affairs at home.
For individuals with brain trauma whose job is the family’s main source of income, not working presents a serious dilemma. Financially, there are few options but to return to work, with the understanding that it’s not ideal for the person’s recovery and that there’s a good probability that there will be additional stress on the family front when the individual is not working.
Although it might be possible for some individuals with milder symptoms of brain trauma to manage a return to the office, it can come at a cost to their personal lives, a cost which can lead to other issues in the long run. For this reason, it can be impractical for someone to return to the office without sacrificing other personal support in their life.
Brain trauma is very serious and can have a detrimental effect on an someone’s ability to work. In cases where brain trauma is so severe that it impairs a person’s ability to carry out regular work duties, long-term disability benefits may be available through employer group benefits. These monthly financial benefits, which are normally a portion of a worker’s salary, can help individuals who have suffered a traumatic brain injury address their health needs, allowing them to focus on recovery instead of feeling pressure to maintain a job that demands too much energy, both cognitive and physical.
In order to qualify for long-term disability benefits due to the symptoms of brain trauma, you must satisfy the definition of “total disability.” In most cases, total disability means that for the first two years of long-term disability, you must be unable to complete the regular or substantial duties of your own job – which is often called the “own occupation” test.
After two years, you must be unable to satisfy the duties of any occupation for which you may be qualified by way of your education, training or experience – which is often called the “any occupation” test. If you have suffered brain trauma and you can satisfy the definition of total disability, then you will be entitled to access monthly long-term disability benefits to replace a portion of your salary – which can help you manage financially if you are suffering from an illness or injury and you are unable to work.
If you have experienced a traumatic brain injury, work may no longer be an option for you. Brain trauma affects each person differently, and its severity can vary greatly depending on the person’s circumstances. Brain trauma is a serious matter that can greatly disrupt someone’s life in many ways.
Unfortunately, this is not always taken into consideration when it comes to disability insurance decisions, and someone with brain trauma may be denied long-term disability benefits as a result. Long-term disability benefits can be denied for various reasons, depending on the specific terms and conditions of the insurance policy, as well as the claimant’s individual circumstances. One common reason for denial is insufficient medical evidence. Insurance companies often require comprehensive documentation to support a claim, such as medical records, test results, and physician statements. If the provided evidence is deemed inadequate or fails to demonstrate the extent and duration of the disability, the claim may be denied.
Another factor that may lead to denial is discrepancies between the claimant’s reported limitations and their actual activities. In some cases, insurance companies may use surveillance or even review social media profiles to gather information on the claimant’s activities. If there is evidence of the claimant engaging in activities that contradict their claimed limitations, the insurance company may deny the benefits on the grounds of misrepresentation or fraud.
Furthermore, a denial can occur if the claimant’s condition does not meet the policy’s definition of disability. Each policy has its own specific criteria for determining what constitutes a disability, and if the claimant’s condition fails to meet those requirements, the claim may be denied. Additionally, insurance companies may deny claims if they suspect non-compliance with prescribed treatments, missed medical appointments, or failure to follow medical advice.
Since 2003, our brain trauma and brain injury disability lawyers at Camporese Lalande Disability Lawyers have been helping individuals with brain trauma secure the disability benefits they deserve and should be receiving so that they can focus on the important task of recovery without having to deal with financial stress.
Even with all the research demonstrating the impact of brain trauma symptoms on work and one’s ability to perform their job duties, insurance companies often continue to deny disability claims. If your long-term disability claim has been denied due to suffering a brain trauma, you have rights, for example:
At Camporese Lalande Disability Lawyers, our long-term disability lawyers have extensive experience in helping individuals with brain trauma receive the compensation they are entitled to. We understand the complexities of the different types of brain injury and brain trauma and how it can affect someone’s ability to work, and we will fight for your rights to get the benefits you deserve. Don’t let a denied claim stop you from getting the help that you need, and contact us today to start working towards receiving your long-term disability benefits.
If you or a loved one suffers from brain trauma and has been denied long-term disability insurance benefits, contact our brain trauma disability lawyers today. We are here to help you secure the disability benefits you deserve so that you can focus on your recovery without added financial burdens. Our experienced brain trauma lawyers have successfully represented thousands of clients, and we look forward to helping you. Reach out today and see how our brain trauma disability lawyers at Camporese Lalande Disability Lawyers can help you with your claim.
There are several ways to book your free consultation with our Long-Term Disability Lawyers:
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In most cases, yes, so long as you satisfy the definition of total disability as it is set out in your long-term disability policy.
In most cases, you can qualify for long-term disability benefits if you suffer from brain trauma, so long-as you meet the definition of “total disability” within your disability insurance policy.
In Ontario, you can qualify for disability benefits if you are following a proper treatment plan and you satisfy the requirements of the definition of a “total disability” within the meaning of your disability insurance policy.
If the symptoms of your brain trauma prevent you from engaging or completing the substantial duties of your employment and you meet the definition of “total disability” within your disability insurance policy you can qualify.
Yes, talking to a disability lawyer about your case should always be free. At our firm, we never charge anyone to talk to us about their case. We understand that another bill is the last thing you need while suffering and being cut-off disability.