The musculoskeletal system, a complex network of tissues, provides support for the body, gives the body the ability to move, and protects vital internal organs. When it becomes compromised by illness or injury, it is definitely not business as usual for the body. Depending on the severity of an orthopedic injury and how quickly it is treated, a person may suffer debilitating effects that may result in long-term disabling conditions.
Fortunately, many orthopedic injuries can be treated through combinations of medications, physiotherapy, orthopedic support devices, and/or surgery. Yet, even when someone has a treatable injury, they may require extended time off from work to dedicate to their recovery.
If you or a loved one has suffered a serious orthopedic injury, you may be eligible to receive disability benefits and/or compensation if another person intentionally or negligently caused you harm.
But contesting a benefit claim denial and preparing tort actions for compensation can often be as complex as the musculoskeletal system itself. You may feel overwhelmed by the road ahead of you, but you do not need to travel it alone.
Howie, Sacks & Henry LLP is one of Canada’s top ranked personal injury firms. We’ve gained a strong reputation for getting results for our clients while supporting them during their rehabilitation and recovery. With trusted legal advice and a skilled team of experienced and knowledgeable orthopedic injury lawyers, HSH LLP is ready to show you why Hope Starts Here.
What Are Orthopedic Injuries?
Orthopedic injuries affect the body’s musculoskeletal system. This tissue network includes bones, muscles, tendons, ligaments, cartilage, and other types of connective tissues. Orthopedic injuries occur when these tissues are strained, sprained, torn, fractured, dislocated, or crushed.
Some of the most common orthopedic injuries and conditions include:
- Broken bones (fractures)
- Sprained ankles and wrists
- Rotator cuff tears
- Repetitive stress/strains (tennis elbow, tendinitis, Carpal tunnel syndrome)
- Anterior cruciate ligament (ACL) injury
- Meniscus tear in between the knee joint
- Dislocated shoulder, knees
- Distal radius fracture (broken wrist)
- Back pain from spinal compression, spinal stenosis, or herniated discs
- Fibromyalgia
- Arthritis
What Causes Orthopedic Injuries?
There are a variety of ways to acquire an orthopedic injury or develop a debilitating orthopedic condition, including:
- Motor vehicle accidents
- Sports injuries
- Blunt force trauma
- Slips and falls
- Overuse
- Advancing age and degeneration
- Underlying conditions making someone more prone to injury (for example, osteoporosis or existing joint deformities)
- Improper healing of an existing orthopedic injury (malunions, non-unions, infections)
What Compensation Is Available For Orthopedic Injuries?
Your ability to access disability benefits and/or compensation will depend both on the circumstances that resulted in your injury and what type of insurance plan you have, if any.
Anyone injured in a motor vehicle accident in Ontario is entitled to draw on the Statutory Accident Benefits Schedule (SABS) to assist in their recovery. These no-fault benefits mean that even if you are found to have caused or contributed to the accident, you will still receive SABS benefits depending on the severity of your injury.
SABS may cover income replacement, medical and rehabilitative expenses, attendant care, household maintenance expenses, and death benefits. If you have purchased additional enhanced coverage on your motor vehicle insurance policy or are covered by a family plan with these options, your benefits limits could be increased.
If you have private health insurance or you are covered by an employer’s plan, you may be able to draw upon similar benefits, including disability benefits that will provide all or a portion of lost income if you are unable to work during your recovery. Depending on the severity of your injury and your prognosis, you may need only to use short-term disability leave, or you may need to eventually apply for long-term disability leave.
The specific terms of your policy will outline what types of benefits you may receive. Notably, if you believe you may need to apply for long-term disability, you must understand if your policy provides this type of benefit for disabilities that prevent you from doing your “own job,” or for “any job” suitable for a person with your experience and training.
The Canada Pension Plan (CPP) also provides disability benefits. Private health insurance policies sometimes require you to apply for and exhaust SABS benefits and CPP disability benefits before they will begin to pay.
Finally, if your injury was caused by another person’s intentional acts or negligence, you may be able to file a claim for tort damages. Even if you share a portion of fault for the accident that caused your injury, you may still be able to access some compensation from a civil tort lawsuit.
A tort claim can seek pecuniary (calculable) and non-pecuniary (incalculable) damages for things such as lost income, medical expenses, future cost of care, and pain and suffering. In cases of serious, life-altering orthopedic injuries, filing a tort claim may be necessary to provide adequate compensation for the harm done to you if your benefits are exhausted before you have recovered.
How Can An Orthopedic Injury Lawyer Help Me?
A serious, debilitating orthopedic injury can be life-changing. When you’re dealing with physical limitations and pain, you may be worried about how you will be able to provide for yourself or your family if you are unable to work as you did before.
While insurance is meant to help people who encounter unexpected damages, dealing with some insurance companies can be confusing and intensely frustrating. If you or a loved one receive a disability benefits denial letter, you may wonder if and how you could dispute it.
For more than a quarter of a century, HSH LLP orthopedic injury lawyers have helped people just like you as they deal with insurance issues and fight for compensation with tort claims.
When you contact us for a free, no obligation initial consultation, we listen to your story with great empathy, tap into our knowledge and experience to provide trusted legal advice, and take time to carefully answer any questions you may have. If we believe we can successfully access compensation for you, we will gladly offer our legal services.
As your tireless advocate and skilled legal representative, an HSH LLP orthopedic injury lawyer can:
- Prepare a strong case with expert witness evidence to demonstrate the extent of your injury
- Negotiate a fair settlement with an insurer or, in the unlikely event the matter proceeds to court, use our extensive trial experience to present a persuasive argument in favour of your claim
- Provide guidance and alert you to other resources that may assist you during your recovery or help you live your best life if you have sustained a permanent disability
A Reputation For Results
HSH LLP is consistently ranked as one of Canada’s top personal injury firms. Held in high esteem by our legal peers, we are also very well known to defendant insurers. They understand that HSH LLP is always prepared to go to trial if necessary, and that it is their interest to offer our clients a fair settlement rather than face us in court.
But we are especially proud of the sterling reputation we have gained among clients. As our rate of past client referrals and testimonials reveal, we are regarded as lawyers whose professionalism and effective representation go hand-in-hand with compassionate and attentive care to a client’s personal circumstances and needs.
Recovering from a significant orthopedic injury or managing a long-term orthopedic condition can sometimes be a lonely experience. People around you may not understand the kind of pain you are in, or how frustrating it is to have physical limitations when you may pride yourself on your ability to do certain kinds of work or activities.
You should know you are not alone. Contact the orthopedic injury team at HSH LLP today for a free, no obligation consultation, and learn what we can do for you.
