Does it fit the criteria to be considered serious?
Psychological injuries can change the way you function and live. There have been recent legal changes that define many injuries as “minor”. We can help you assess whether your psychological injury is minor, or whether there has been a serious impairment and incapacity.
As the “minor injury” law is so new it is not entirely clear how impairment and capacity will be interpreted by the courts or the civil resolution tribunal (the body which makes decisions about minor injuries). For instance it isn’t clear if a psychological injury is taken out of the minor category if it persists beyond 16 weeks (incapacity) or 12 months (impairment).
What is clear is a psychological injury that impacts your life through the inability to perform in everyday life is more likely to be taken out of the “minor injury” category”. For example, if your psychological injuries are impacting the following:
- Regular work duties despite reasonable efforts to accommodate
- Training or education tasks despite reasonable effort to accommodate
- Activities of daily living, such as self-care, grooming, housekeeping, childcare or driving etc.
It’s not all bad news
Recent changes in the law concerning psychological injuries may benefit you.
Firstly, The Supreme Court of Canada in the case of Saadati v. Moorhead 2017 SCC 28, held that the injured party didn’t have to present expert evidence at trial in order to prove he or she suffered from psychological injuries as the result of a car accident.
Secondly, under section 88 the Motor Vehicle Regulation ICBC must fund 12 sessions of psychological counselling at a rate of $195.00 per session. The only downside is that those sessions are only applied to the first 12 weeks following the car accident. Counselling outside of the 12 weeks is not a necessary health care service unless certain criteria are met. If necessary we will advocate for ongoing psychological support beyond the 12 sessions.
Don’t risk missing out on treatments you need. We can help ensure your psychological needs are categorized correctly, and the right criteria met for the best outcome for your claim.
Book your free consultation now.