Within the last 10 years, scientists have become increasingly aware of the causes and symptoms of a traumatic brain injury. A traumatic brain injury may be triggered even in the absence of a serious blow to the head. For example, a new study from the University of Rochester found that a single season of college football could cause brain damage.
Traumatic brain injuries can also be a consequence of a slip and fall or a motor vehicle accident. An injured person need not bump their head to experience a traumatic brain injury. Even a violent headshake could cause serious injury to the brain.
Some of the symptoms of a brain injury include:
A traumatic brain injury can also be tied to emotional problems following an accident. A person suffering from a brain injury may experience depression, irritability, anger, and mood swings.
It is important to report any neurological symptoms to your family doctor after an accident. An untreated brain injury can lead to serious neurological impairment. You should protect yourself by reporting your symptoms to your family doctor as early as possible.
Through Ontario’s Statutory Automobile Benefits Schedule (SABS), a person injured in a motor vehicle accident has access to medical and rehabilitation benefits. An injured person may have access to the minor injury limit of $3,500, non-minor limit of $65,000, and catastrophic limit of $1,000,000 in medical benefits. Under section 15(1) of the SABS, an insurer “shall pay for all reasonable and necessary” medical benefits up to the monetary limits.
According to the SABS, minor injuries include sprains, strains, and whiplash. Traumatic brain injuries, such as concussions, are not defined as a “minor injury under” the SABS. A diagnosis of a concussion would therefore entitle an injured person to up to $65,000 in medical benefits. Other examples of non-minor injuries include fractures and complete tears.
Certain traumatic brain impairments are classified as catastrophic impairments. Under the SABS, a traumatic brain impairment will entitle an injured person to up to $1,000,000 in medical benefits, as long as those benefits are deemed reasonable and necessary.
What constitutes traumatic brain impairment differs depending on whether or not the injured person is 18 years old. For those under 18, the definition of traumatic brain impairment is broader to include the age-appropriate functionality of the injured person. For those over 18, the injury ranges in neurological functioning from a lower-moderate disability to a vegetative state. In all cases, diagnostic imaging must support traumatic brain impairment. Diagnostic imaging includes a CT scan or an MRI of the brain.
A person who is no longer able to work due to traumatic brain injury may be eligible for an income replacement benefit of up to $400 per week as per the Statutory Accident Benefit Schedule (SABS). Before the two-year anniversary of the accident, an injured person who suffers from substantial inability to perform the essential tasks of his or her employment is eligible for income replacement benefits. After two years, the test for eligibility changes to complete inability to engage in any employment or self-employment for which he or she is reasonably suited.
Even when an injured person goes back to work, there may be ongoing symptoms affecting employment. Problems with concentration, for example, may be affecting an injured persons ability to succeed at work. An injured person will often report light sensitivity when they primarily work with a computer. The full scope of employment difficulties related to a traumatic brain injury should be discussed with a lawyer.
