Brain Trauma as Workplace Injury

February 16, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

I recently read an article on Brian Trauma in the workplace. The sector, Professional Football (the NFL), has agreed that 1 in 3 of its players suffer brain trauma on the job. This number is so extraordinarily high as to be unfathomable as a risk of the job. There is no other job that I can think of other than active military in a war zone, in which heading off to work we accept that we have this chance of becoming disabled for life.

Brain injuries in the workplace are a serious concern. In Ontario the WSIB reports that claims involving brain injuries have doubled in 10 years. TBI has been found in almost half of the workplace fatalities. People who have sustained a brain injury at work often find that there are obstacles in returning to the workforce after recovery. Workers face huge physical, psychological, emotional and economic challenges once they have been injured. Some will never return to the level of productivity that they once had.

In Ontario the average age of those injured in 2004 was 38 and the most common way they were injured is from a bump or blow to the head. The people were employed primarily in manufacturing and government sectors. The summary report is here. Thankfully, the percentage of employees sustaining TBI on the job is in Ontario is fairly low.

If you are hurt at work in an accident you are entitled to protection by the Ontario Ministry of Labour, and for some compensation through the WSIB. The WSIB is complex, with specific timelines and processes that must be met. It can be unfriendly for someone who is injured and isn’t capable of thinking clearly and advocating. In many cases the services of a personal injury lawyer are warranted to help get the benefits you need and deserve.

You may also be entitled to benefits through your long term disability insurance. Again, a long and complex process is involved in making claims with explicit timelines for providing information.  In any case, whether the claim is WSIB or LTD you may face unfair repercussions form your employer including workplace discrimination or termination of employment. These are unacceptable outcomes for making a claim and should be challenged.

If you or a loved one has been injured at work you should read my fact sheet.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.