CATASTROPHIC IMPAIRMENT IN MOTOR VEHICLE ACCIDENTS
Statutory Accident Benefits Schedule Regulation of the Insurance Act Last amendment: O. Reg. 347/13.
A catastrophic impairment caused by an accident is,
(a) paraplegia or quadriplegia;
(b) the amputation of an arm or leg or another impairment causing the total and permanent loss of use of an arm or a leg;
(c) the total loss of vision in both eyes;
(d) subject to subsection (4), brain impairment that results in,
(i) a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G., Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose, or
(ii) a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale, as published in Jennett, B. and Bond, M., Assessment of Outcome After Severe Brain Damage, Lancet i:480, 1975, according to a test administered more than six months after the accident by a person trained for that purpose;
(e) subject to subsections (4), (5) and (6), an impairment or combination of impairments that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more impairment of the whole person; or
(f) subject to subsections (4), (5) and (6), an impairment that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder. O. Reg. 34/10, s. 3 (2).
- Partial paraplegia or quadriplegia are sufficient to meet the criteria for catastrophic impairment
- If at any moment the GCS reading is “9 or less”. It matters not if the score improves quickly.
- There is case law to support the position that if a medically appropriate GCS registers “9 or less” within a reasonable time after the accident, where the brain impairment as a result of the accident is not contested, this satisfies the criteria even if taken once a person is intubated.
- Six months after the accident, brain injury survivors can be assessed using the Glasgow Outcome Scale. The Scale is based on overall social compatibility or dependence of the client. It takes into account the combined effect of mental and neurological deficits without listing them as part of the definition.
Catastrophic Injuries: There are four categories of survival:
- Vegetative State
- Severe Disability
- Moderate Disability
- Good Recovery
Where the patient has suffered a “severe disability”, she is deemed catastrophically impaired. A “severe disability” may include situations where an individual may function reasonably well with some ADLs but require assistance with others, may require supervision due to memory, fatigue, or some other impairment. The severe disability may be a combination of mental and physical impairments.
- In determining Whole Person Impairment, the law requires that mental impairments be combined with physical impairments to determine whether 55% is reached.
- Mental impairment (when determining a marked or severe impairment) must be evaluated in accordance with each of these four categories:
- Activities of daily living;
- Social functioning;
- Concentration, persistence and pace;
- Adaptation to work or work-like settings.
In order to qualify as having sustained a “marked impairment”, the applicant must establish that:
“impairment levels significantly impede useful functioning”.
“Significantly” means “more than insignificant, more than minimally. It does not mean “completely”.
“Impede” means “obstruct”, “hinder” or “delay”.
A rating of “marked impairment” in one of the four categories is sufficient to be deemed Catastrophically Impaired.
Occupational therapists, physiotherapists, psychologists, social workers, and other health care professionals typically evaluate one or more activities of daily living in the course of their assessments.
Activities of daily living include: Self-care, personal hygiene, Communication, Physical Activity, Sensory Function, Hand Function, Travel, Sexual Function, Sleep, Social and Recreational activities.
Sleep and pain levels play a significant role in these assessments.
Contact an experienced personal injury lawyer for more information on catastrophic injuries.
For more on catastrophic impairment and determination please see the Statutory Accident Benefits Schedule, American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, or visit www.ottawainjury.ca/catastrophic-injury/
Ottawa Personal Injury Lawyers David Hollingsworth and Associates. What injuries are deemed a catastrophic injury? What is the definition of a catastrophic injury? Well, it has changed and changed for the better….In an interesting case Pastore v. Aviva Canada, the Court of Appeal of Ontario ruled that an injured victim does not need to be markedly impaired in more than one area of life to be deemed ” catastrophically impaired”. In this particular case, the injured party had been hit in a car accident in November 2002 . As a result of the accident, her left ankle was broken and over time her ankle healed improperly. The injured victim had a number of surgeries and consequently her right knee also required surgery due to the injuries in her ankle and the manner in which she now walked. As a result of these injuries, the victim became dependant on others for everyday activities she once was able to perform on her own. This dependency also affected the victim’s emotional and psychological well-being.
In May 2005, the victim Ms. Pastore applied to the Aviva insurance company to have her injuries deemed as a “catastrophic impairment” and it was determined that she had a catastrophic impairment : “mental or behavioural disorder.” It was deemed that Pastore had a class 4 or “marked impairment” due to her daily living and she was rated with an overall assessment of class 3, which is a moderate impairment. What this meant was that she was now meeting the threshold for a catastrophic impairment in one category. A catastrophic impairment designation requires impairment in all four categories. The case was brought to the Court of Appeal and it was there decided that Pastore’s position, according to the language in the Statutory Accident benefits did not require “marked impairments” in each of the four categories of a catastrophic impairment designation.
This is excellent news for Ontario accident victims. This decision allows for additional Ontario accident benefits for injured victims. We have many clients who thanks to this decision, will be able to receive the help and support they need. This is great news for Ontario accident victims and their families. Many accidents leave people with physical injuries , but also injuries such as chronic pain, and emotional and psychological impairments . Thanks to this decision, there will be increased benefits for people suffering from these impairments.
David Hollingsworth and Associates . We are Ottawa injury lawyers with a wealth of experience . Our lawyers work closely with you our clients to make sure no stone in unturned and that our clients receive all the support and compensation they need following an accident in Ontario. If you are injured, it’s important that you meet with an experienced Ottawa personal injury lawyer who knows how best to help you. There is far too much at stake to be with the wrong lawyer. We pride ourselves on our high success rate, our experience and our valuable relationships with our clients. Your future and your families future is important and we understand that. We are here for you and with you every step of the way. Contact us for a free consultation. Visit www.ottawainjury.ca or email email@example.com
We understand, we care, we’re here to help …and our track record proves it.
Ottawa Personal Injury Lawyer…What are the signs of a concussion? There are many different signs and symptoms of a concussion. Some are obvious and others subtle. Some conscussion signs may appear immediately and others may not be for days or even months.
The most common signs of a concussion are headache, amnesia, confusion or loss of consciousness.
Other signs and symptoms of a concussion include:
- headache or pressure in the head
- slurred speech
- loss of consciousness
- no recollection of event
- dizziness or blurred vision
- “ringing” in the ears
Often times, after an injury signs appear later on. Often times people with a concussion may exhibit:
- difficulty with concentration and memory
- irritability and personality changes
- eyes and ears are sensitive to light and noise
- difficulty sleeping
- tastebuds and smell are off
Symptoms of a child concussion
Head trauma or concussions are particularly hard to identify in young children, infants and toddlers because they have difficulty communicating how they feel.
Typical signs of a concussion in a child
- tires easily
- irritable or cranky
- loss of appetite
- trouble sleeping
- loss of balance
It is always best to have your child checked by a doctor if you suspect they may have a head injury. Because their skulls are so soft and developing, there is a greater chance of a severe head injury occurring. If your child is alert, moves normally and is able to respond, the head injury is probably mild and typically will heal. If this is the case with your child and they are tired it’s OK to let them sleep. If worrisome signs develop later and you are worried, then bring them immedicately to your doctor or emergency facility.
Bring your child immediately for emergency help if you suspect a head injury and they are exhibiting the following signs:
- continued persistance of a headache
- changes in behavior displaying irritability
- changes in physical coordination, including stumbling or clumsiness
- confusion: does no’t know day,events etc…
- slurred speech
- dilated or uneven pupils
- difficulty breathing
- lasting or recurrent dizziness
- discharge from nose or ears
- large head bumps or bruises
- loss of consciousness ( more than a minute)
- repeated vomiting
- symptoms that worsen over time
Concussions and sports injury
If you have injured yourself and suspect you have a head injury , you should absolutely allow yourself to rest. Avoid playing sports or vigorous activity while signs or symptoms of a concussion are present. It is recommended that people who suspect they have a concussion should return to their sporting activity until a doctor has given them the “green light”.
—-The Ottawa Injury Lawyer Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. The Ottawa Injury Lawyer Blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a subject you would like to know about or if you have a question, please call or email me: firstname.lastname@example.org (613) 978-9549
Signs of a concussion, symptoms of a concussion, head injury signs
Ottawa Personal Injury Lawyer David Hollingsworth…What does an Ottawa personal injury lawyer do?
Ottawa personal injury lawyers help Ontario accident victims and their families get the help, support and compensation they need following an accident in Ontario. An Ottawa personal injury lawyer not only represents and negotiates for you when it comes to your insurance claim, they also help in rebuilding lives after an Ontario accident. The best Ottawa personal injury lawyers work closely doctors, social worker and the entire rehabilitative team to ensure that accident victims have the best possible recovery. An Ottawa personal injury lawyer can help refer accident victims to specialists and help locate resources in the community.
As an Ottawa Personal Injury Lawyer, I specialize in the following areas:
Ontario Spinal Cord Injury, Ontario Brain Injury, Ontario Amputation Injury, Ontario Head Injury, Ontario Whiplash Injury, Ontario Slip and Fall Accidents, Ontario Wrongful Death Accidents, Ontario Accident Benefits Insurance Claims, Ontario Orthopedic Injury, Ontario Broken Bones Accidents, Ontario Catastrophic Injury, and Ontario Traumatic Injury.
If you or a loved one has been injured in an Ontario car accident, there is help and support available to you. You do not have to do this on your own. Contact an Ottawa personal injury lawyer for help.
Ontario Amputation Lawyer David Hollingsworth . The amputation of any body part can be devastating and have an effect on the accident victim, as well as his or her family. Life may never be the same as it once was. Suddenly, you find yourself not being able to do the same things you once did and your bills may be accumulating. After an amputation injury, you are often times not able to return to work.
An amputation injury requires very specific support and compensation. In Ontario most amputation injuries are defined as catastrophic injuries and therefore have many forms of compensation available to them. If someone is hurt in a motor vehicle accident, there are accident benefits provided for them under the Statutory Accident Benefits system. Someone with an amputation injury is entitled, among other things, up to $1,000,000.00 for medical and rehabilitation treatment, $1,000,000.00 for attendant care, up to $100.00 for housekeeping and home maintenance, $400.00 /week for income replacement benefits, and compensation for pain and suffering, past and future income loss and even future medical treatment. This accident benefits compensation will be needed for the rest of your life over and above what you will receive under the Ontario Statutory Accident Benefits regime.
There are also the obvious expenses such as medical, rehabilitation, attendant care, occupational therapy, home modifications, and/or housekeeping and home maintenance that are usually required.
If you have suffered an amputation injury or have been injured in an accident and need some help or advice, there is help. An amputation injury requires a great deal of compensation and support. Since 1999, we have been Ottawa personal injury lawyers specialized in helping Ontario accident victims get the help and maximum compensation they need after suffering a personal injury such as an amputation injury. We can also help you. Contact us at www.ottawainjury.ca and we can discuss how we can help you begin a new life after a catastrophic injury. We understand, we care and we are here to help.
———————- This Ottawa Injury Lawyer Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a topic you would like me to write about or if you have a question, please call or email me: email@example.com (613) 978-9549
Ottawa personal injury lawyer David Hollingsworth , Ottawa Amputation Injury Lawyer
Ottawa Ontario Personal Injury Lawyer David Hollingsworth …Bauer Hockey, Inc., the world’s leading manufacturer of ice hockey equipment, officially unveiled the Bauer Re-Akt helmet, the first hockey helmet designed to specifically manage the multiple type of hits in the game, including rotational-force impacts, which from what I understand, has been proven to cause significant head injuries and brain injury.
The Bauer Re-Akt helmet features the Suspend-Tech liner, a unique rotational impact protection system to protect the head from excessive rotational acceleration upon impact. The liner is made up of Extreme Impact Protection, a super-light pliable material with the ability to dissipate extreme force on impact. The free-floating stretchable liner moves independently inside the helmet, meaning better managing rotational forces.
The majority of approved hockey helmets are designed to address linear impacts; however, there has been a tremendous amount of research that indicates that the rotational force are a key contributor to a head injury .
Hockey is a very fast paced game, where there is a lot of contact. The ice is also an extremely hard surface and not one that would absorb the impact. Most impacts occur when a player is in motion, trying to make a hit, or trying to avoid a hit.
It has taken more than 2 years for this helmet to come along. The helmet features specially designed pads placed strategically in areas of the helmet where players require the most protection. Unlike other helmets in the market designed to manage only high-energy impacts, the Bauer’s new helmet is designed to manage the multiple types of hits in hockey
To date, close to 44% of all NHL players are wearing Bauer helmets. Claude Giroux of the Philadelphia Flyers,was one of the first players to wear new helmet leading up to the All-Star Game. I’m sure it’s only a matter of time until most NHL players are looking for the extra protection.
Unfortunately, head injuries seem to be a part of hockey ( at least for now) . All hockey players need to protect themselves as much as possible. No helmet is going to completely prevent all concussions or head injuries, but helmets with more protection are absolutely a step in the right direction.
Bauer’s new helmet will soon be available for at retail locations worldwide in May. For more information, visit Bauer’s website. Let’s hope we start to see an immediate decrease in sport related head injuries !
———————- The Ottawa Injury Lawyer Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer helping and Ontario accident victims and the families of accident victims who have been seriously injured or lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email firstname.lastname@example.org (613) 978-9549
New Bauer hockey helmet, Bauer Re-Akt, Ottawa Ontario Personal Injury Lawyers David Hollingsworth
Ottawa Head Injury Lawyer, Ottawa Brain Injury Attorneys….Ottawa-based neurosurgeon Dr. Michael Vassilyadi has conducted a research that shows hockey helmets are the most effective at protecting children and preventing serious head injury to children tobogganing. The experiment conducted by Dr. Michael Vassilyadi, the neurosurgeon at the Children’s Hospital of Eastern Ontario (CHEO) and also a professor at the University of Ottawa, tested helmets designed for hockey, downhill skiing and cycling. Dr. Vassilyadi and his Ottawa team simulated the potential impact that might occur while tobogganing. The findings were amazing. Hockey helmets were determined to be the safest, over bicycle helmets. This is especially true if the hockey helmet has a face shield guard. Dr . Vassilyadi noted that often times, when a child suffers a tobogganing injury, they often have facial injuries such as torn lips, broken teeth, broken nose, or eye injuries.
The bottom line is that any helmet is better than none for tobogganing. So if you can’t have access to a hockey helmet, then please grab whatever helmet you have when you take your kids out tobogganing. As an Ontario personal injury lawyer who has had many clients with severe head injuries, I am in complete agreement with Dr. Vassilyadi and support is desire to see a helmet created for outdoor winter activities such as tobogganing and skating. It really does seem crazy not to.
Dr Vassilyadi explained that collisions in tobogganing are usually to the front of the head, whereas ski accidents usually involve impacts to the side of the head, where ski helmets were the most effective. Again this just goes to show that there is a need for a specific helmet to be designed for tobogganing , as there is currently no helmet specifically designed to protect the front of the head on impact.
All this to say, do everything you can to keep your little one’s (and yourself) safe. Take every safety step you can. A child brain injury or head injury is life altering. Enjoy this winter and all it’s wonderful activities, but please be safe.
———————- The Ottawa Injury Blog is written regularly by Ottawa personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer representing Ottawa accident victims and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email email@example.com(613) 978-9549
Dr Vassilyadi, Child Head Injury , Child Brain Injury, Ottawa Personal Injury Lawyer David Hollingsworth
Ottawa Ontario Brain Injury and Head Injury Lawyer David Hollingsworth…There are far too many injuries resulting in traumatic head injuries and traumatic brain injury every year. A traumatic brain injury can happen in a split second and change your life forever, as well as the life of your friends and family. Not all head injuries and brain injuries are preventable, but you can take steps to reduce the risks in some activities. ThinkFirst is a national non-profit organization dedicated to the prevention of brain and spinal cord injuries. It has some very valuable resources that I thought I would share with you….Have fun, play safe and protect your head ! -Ottawa , Ontario Brain Injury Lawyer David Hollingsworth
Brain Injury Facts:
- Damage to the brain and spinal cord can rarely be repaired. Life after a brain or spinal cord injury is never ever the same
- Injury is the leading killer of Canadian children and youth. 50 % of all deaths from injury are from a brain injury
- 30% of all traumatic brain injuries are sustained by children and youth, many of them while participating in sports and recreational activities
The good news on brain injury..
- Bike helmets can prevent up to 88 % of brain injuries when used properly
- Skiers and snowboarders who wear helmets reduce their risk for head injuries by 60 %
What you can do to help prevent a brain injury…
-Encourage kids to be active, but ensure they get proper training, wear the gear, and are able to effectively navigate risks.
-Be a role model: as parents, coaches and educators it is important to model safe, responsible behaviours like wearing a properly fitted helmet during appropriate activities, and buckling up in the car
Each severe brain injury costs our medical system over $400,000 at the time of injury. Costs remain approximately the same each year following the incident due to indirect expenses and follow-up treatment
Although catastrophic brain injuries in sports and recreation can affect anyone, boys/men are affected four times as frequently as girls/women
Wondering what helmet to wear?
· Skateboarding, In-line skating and Scooters – Because falls are common in these activities, helmets for skateboarding, in-line skating and scooters should cover the back of the head to better protect against backward falls and withstand multiple impacts. A skateboard or in-line skating helmet should not be used for bicycle riding unless specified on the label. No standards have been set for scooter helmets.
Multi-sport helmets – Some helmets are marketed as “multi-sport” meaning they meet safety standards for more than one activity (such as skateboarding and in-line skating). Be sure the helmet you buy has been tested for the activities you will be using it for.
Field Sports – Team field sports, such as football, baseball/so-ball and lacrosse, have helmets specific to the kinds of hazards each sport presents. Football and lacrosse require face protectors on helmets because of the level of contact between players and equipment.·
Hockey – Multiple impact helmets are intended to protect your head from impacts due to falls on ice and collisions with the boards. Hockey helmets are also recommended for ice skating and tobogganing.
Skiing and snowboarding – Ski helmets can be single- or multiple-impact helmets (check the manufacturer’s label) and cover more of the back of the head than a bicycle helmet.
Ice skating and Sledding/ tobogganing – While specific ice skating and sledding helmets have not been developed, ice hockey helmets (skating and sledding) and ski helmets (sledding) are an option because they are designed to protect the head in all directions in icy conditions.
Researchers estimate that 90 % of all injuries are predictable and preventable Remember: Most crashes aren’t accidents, but predictable, preventable events. Change the way you speak about these events to change social perception
An accident leading to traumatic injury can happen in an instant and changes the rest of your life as well as your family. There is help and support out their for Ontario accident victims who have suffered a traumatic injury. As a top Ottawa and Ontario traumatic injury lawyer, I work with a dedicated team of top rehabilitation centres, home care, accident benefit specialists, brain injury support groups, spinal cord injury support groups, Ontario traumatic injury associations and other support services to victims with traumatic injuries. If you have suffered a traumatic injury, you are not alone. Don’t worry, we can help. This is absolutely the most difficult time of your life and there is help here in Ottawa and Ontario for you.
For more information on how to access these services visit www.ottawainjury.ca
The World Health Organization found that injuries—both intentional and unintentional—accounted for 16% of the global burden of disease in 1998. In Canada and the United States, injuries are the leading cause of death for those age 1 to 44. Increasingly, trauma is being recognized as a global public health concern. At the same time, trauma injuries are considered one of the most avoidable health problems: an estimated 90% are preventable. Motor vehicle collisions were the leading cause of major injury hospitalizations with a total of 1,654 accounting for 30% of major injury in-hospital deaths. Among these cases, 56%were drivers, 19% were pedestrians and 17% were passengers. Following motor vehicle collisions, unintentional falls represented the second most common cause of major hospitalizations (38%,) and the leading cause of in-hospital deaths (50%). Among the 1,604 cases injured in unintentional falls, the most commonly specified types were falls on or from stairs or steps (22%) and falls from slipping, tripping and stumbling (21%). information from : Ontario Trauma Registry 2011 Report: Major Injury in Ontario, 2009–2010 Data
Analysis of the causes of injury by age groups revealed that motor vehicle collisions and falls were the leading two causes in all age groups, with the exception of cases age 20 to 34. Although motor vehicle collisions were responsible for the majority (53%) of cases in this age group, the second most common cause of injury was injury purposely inflicted by another person (21%).
———————- The Ottawa Injury Blog is written regularly by Ottawa Ontario personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa Ontario personal injury lawyer representing Ontario accident victims who have suffered a traumatic injury and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email firstname.lastname@example.org (613) 978-9549
Ottawa Catastrophic Injury Lawyer, Ottawa Brain Injury Lawyer David Hollingsworth…A huge congratulations goes out the Ontario Brain Injury Association (OBIA) for a wonderfully successful event last night. I was proud to not only attend but sponsor the wonderful event. The Ottawa Valley Brain Injury Association is a provincial not-for-profit, charitable organization with mission is to enhance the lives of Ontarians living with the effects of acquired brain injury (ABI) through education, awareness and support.
Ottawa Brain Injury Association’s services include:
- information and resources on acquired brain injury
- 1-800 toll free helpline
- personal advocacy and support
- training and education for families and professionals
Last night, they raised over $70 000 to help people with brain injuries ! Amazing what hard work , a good cause and an amazing Ottawa community can do !
———————- The Ottawa Injury Blog is written regularly by Ontario personal injury lawyer David Hollingsworth. Since 1999, David has been an Ottawa injury lawyer representing Ottawa accident victims and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email email@example.com