Catastrophic Injury Lawyer Brampton

Factors Considered When Determining Catastrophic Impairment 

Ontario’s Statutory Accidents Benefits Schedule categorizes injuries into three tiers. The legal fraternity uses these tiers to determine the level of financial compensation available to an injured person. 

Catastrophic impairments encompass various life-altering conditions and fall in the upper tier of injuries. Reaching out to a dedicated personal injury lawyer can help you discover the factors considered when determining catastrophic impairment. 

The Challenge of Catastrophic Impairment Cases 

Catastrophic injuries significantly impact your ability to return to daily life activities. As a result of this  , catastrophically injured individuals have access to the highest level of compensation to fund their medical bills and recovery. Due to the high amounts of potential compensation, associated with achieving this designation may prove challenging. In many cases, the injured party needs to meet a high burden. 

Determining Catastrophic Impairment – Criterion 8 Impairment Originating from a Mental or Behavioural Disorder

The SABS requires an analysis  of the severity of impairment according to how seriously the impairment affects an individual’s useful daily function in the following four categories: 

  • Activities of daily living 
  • Concentration, persistence, and pace 
  • Social functioning 
  • Adaptation 

The SABS rates impairments in each of these categories on a five-point scale based on the severity of impairment.  

Ontario’s Statutory Accident Benefit Schedule ( SABS) considers an impairment catastrophic under Criterion 8 if it leads to three Class 4: Marked Impairments or one Class 5: Extreme Impairment originating from a mental or behavioural disorder.

It helps to know the factors considered when determining catastrophic impairment. For example, permanent disability from a spinal cord injury may lead to a catastrophic impairment. 

The  SABS only deems a survivor of a motor vehicle accident catastrophically impaired if they meet at least one of the following criteria: 

  • Loss of vision in both eyes  
  • Amputation or severe impairment of ambulatory mobility or use of an arm  
  • Paraplegia or Tetraplegia 
  • Traumatic brain injury meeting the Glasglow Outcome Scale-Extended (GOS-E) criteria 
  • Physical impairment or combination of physical impairments (55% or more impairment of the whole person) 
  • Mental or behavioural impairment combined with a physical impairment (excluding traumatic brain injury and injuries that lead to 55% or more impairment of the whole person) 
  • Marked impairment in three or more areas of function that prevent useful functioning or an extreme impairment in one or more areas of functioning due to a mental or behavioural disorder. 

If an insurance company disagrees with the determination made by an accident survivor’s healthcare professional, they may request several multidisciplinary  insurance examinations (IE) 

During an IE, a healthcare professional retained by the insurance company will provide their own medical opinion after assessing the patient. The IE may be used to resolve or bolster the dispute between the insurance company and the injured individual.

If the accident survivor disagrees with the conclusions of the insurance examiners, they should commence a dispute with the Licence Appeal Tribunal (LAT)  rto determine the claimant’s catastrophic impairment status. 

You Know What To Do… Call Chorney Sidhu 

Now that you know the factors considered when determining catastrophic impairment, you want to hire an experienced Accident benefits and personal injury lawyer to represent you in a catastrophic impairment case. 

Call Chorney Sidhu Injury Lawyers at (844) 487-8482 to schedule a free initial consultation to learn more about how we may assist you.