If you have been injured and suffered an invisible injury, you may have difficulty getting benefits. If you are having difficulty getting coverage from your long-term disability benefits provider, you need to understand what you can do to recover your benefits. This article will help you understand the nature of an invisible injury, the challenges with long term disability claims and what you can do about recovering benefits from your provider.
What is an Invisible Injury?
An invisible injury, or invisible illness, is a condition that currently lacks visible or identifiable (sometimes referred to as objective) medical evidence. A concussion or mild traumatic brain injury is a common “invisible injury,” as it can go undetected despite the individual being altered psychologically and/or cognitively.
There are many personal injury cases where it might seem like something is wrong physically or psychologically, but there is no medical evidence that substantiates that claim. A few examples of invisible injuries include:
- Range of Motion Limitations
- Chronic Pain
- Vision Issues
- Sleeping difficulties
- Changes in your mood
- Problems with memory
Here are a few examples of what an invisible injury could be caused by:
- An accident where there is an injury, but an x-ray shows no broken bones.
- A brain injury where no neurological issue can be detected on a scan/MRI.
- An accident causing severe whiplash that affects how you move your neck, but it might not appear on an x-ray
Invisible injuries can be debilitating. Invisible injuries can cause physical issues and mental health issues, including anxiety disorders which often times can be hard to diagnose without the proper medical intervention/treatment. These issues can prevent you from being productive at work or impact your personal time. Injuries can cause you to experience excruciating chronic pain that prevents you from working altogether or doing your daily housework, yard work, and even just taking care of your family. An invisible injury lawyer can help you recover the LTD benefits, even if your injury is not as noticeable or evident as other more easily identifiable injuries.
A head injury from a car accident can cause mental illness, which may be more prevalent than you imagine. In fact, it is estimated that 1 in 5 Canadians, in any given year, suffer from a mental illness or addiction problem. PTSD, or Post Traumatic Stress Disorder, can show up months or even years after a car accident.
Denying Your LTD Claim
It can be incredibly frustrating to suffer from an invisible injury that prevents you from receiving your long-term disability benefits. After an accident or a traumatic event, it may be impossible to keep working, and LTD benefits can replace a significant percentage of an individual’s wages. In Canada, disability insurance covers around 60-70% of those wages.
What are some common reasons for an insurance company to deny your claim?
- They may claim that you are not “totally disabled”
- They may request a skills assessment, claiming that you are not eligible for disability because you can still perform similar work
- They claim that you do not have sufficient medical documentation to prove the “invisible injury”
A long-term disability lawyer can help you present your case in a more holistic fashion. For example, one of the most common duties of a lawyer whose focus is on denied long term disability claims is to compile additional evidenceand build a case so that you receive the fair compensation that you are entitled to. This will allow you the time and resources you need to recover from your injuries. If you’ve been injured, you should contact a personal injury lawyer as soon as possible. In many cases, long-term disability benefit applications are time-sensitive and need to be handled within a specific time period.
How an LTD Lawyer Can Help
An LTD injury lawyer understands that many injuries can result in Post-Traumatic Stress Disorder, mental illness, and psychological injuries. An injury lawyer will review your policy and help you understand your options in recovering your LTD benefits as quickly as possible.
An LTD injury lawyer can help arrange medical assessments that provides more evidence for your case and obtain statements from your attending physicians. Your lawyer can also provide a statement from your employer to prove that you cannot fulfill your capacities as an employee. If you suffer from psychological injuries and have had your LTD claim denied, contact a Long Term Disability lawyer immediately.
“Being denied while suffering with an invisible injury can be so frustrating. It’s also scary as you are concerned about your financial future. You need someone in your corner who can help you understand your rights and help you get the benefits you deserve.”
Derek Wilson, Hamilton Personal Injury Lawyer
How Long After a Car Accident Can an Invisible Injury Appear?
Brain and neck injuries can often emerge several days after a car accident. You may experience internal bleeding that is not visible until days later, as well, it is also possible for whiplash to take days or weeks to become noticeable.
If you have been in a car accident, you should immediately see a doctor if you are experiencing any pain or discomfort of any kind. If you wait too long to see a medical professional, it could work against you as your insurance provider will try to argue that the injury was not that serious.
Can Brain Damage Go Unnoticed?
Yes. There are many cases where an individual might have a concussion or mild-TBI (mild traumatic brain injury) and the injury cannot be detected. In fact, a brain injury can go undetected even after several CT scans and MRIs. This brain damage can then result in real psychological conditions such as memory loss, aggressive behavior, or severe headaches.
“Never in a million years did I think I’d ever be in a situation whereby I would require a Personal Injury Lawyer. Having said that, I was so very grateful for the referral to Derek Wilson’s office in March, 2020.
It was a very stressful situation trying to cope with losing my job while on short-term disability and eventually being denied my disability claim.
I was struggling with complications from cervical spine surgery, feeling defeated, I was relieved to have Mr. Wilson explain the law, my rights and the process which would give me hope that I could win this case against my disability insurer.
April 1, 2021, we were in mediation with my insurance company and won my case thanks to Mr. Wilson’s expertise and superior negotiation skills.”
K.C., Burlington. ON
Get Legal Help
If you have an invisible injury and you are having difficulty recovering your benefits, Derek Wilson and his Hamilton personal injury law team are very experienced at recovering benefits for invisible injuries. Schedule your initial free consultation with personal injury lawyer Derek Wilson today.