You or a person close to you has been involved in a motor vehicle collision and sustained severe injuries. At what point can these injuries be qualified as catastrophic?

The definition of catastrophic injuries

In recent years, the definition of catastrophic impairment has evolved and became more complex. This definition is found in section 3.1 of the Statutory Accidents Benefits Schedule (SABS). In a nutshell, a catastrophic impairment is where the injured person:

1. Has become paraplegic or tetraplegic;
2. Has a severe impairment of ambulatory mobility or use of an arm, such amputation or an impairment causing the total and permanent loss of use of a leg or an arm;
3. Has lost their vision in both eyes;
4. Has a traumatic brain injury demonstrated on a CT scan or MRI and has been rated as:
   1. Upper Severe Disability or Lower Severe Disability six months or more after the accident; or
   2. Lower Moderate Disability one year or more after the accident.
5. Has cumulated injuries and impairments that result in 55% or more impairment of the whole person

For the last category, the injuries and impairments can be physical, psychological or a combination of both. For example, a person who was in a motor vehicle collision and as a result of this collision, they suffered:

• a leg fracture requiring open reduction surgery and left them in a wheelchair for almost a year because of complications; and
• developed severe depression as the result of the collision, which prevents them from working, taking care of their children and has made the person dependant on others for basic care

In an evaluation to determine if the person has catastrophic injuries, both the fracture and the depression should be considered.

How is the 55% calculated? The SABS provides that medical experts must use the American Spinal Injury Association Impairment Scale in their assessment, which is a standardized neurological examination to determine how much the injuries affected the sensory and motor functions of a person. This scale divides the results in five different grades of impairments.

While physical impairments are rated by percentage and then in different grades, psychological injuries are divided in five classes. For a psychological injury to be considered catastrophic, it must meet the criteria of class 4 or class 5, which are the most severe levels of impairment. The SABS also provides that the assessment of all injuries and impairments must be done by a physician and not a psychologist.

Five grades of physical injury, five classes of psychological impairments… These calculations are very technical. What you need to remember is that only the most severe injuries will be considered catastrophic, and that the government has put in place several criteria to determine how injuries are evaluated when determining whether they are catastrophic or not.

What does a catastrophic determination do?

A determination of catastrophic impairment will give the injured person access to more funds for their rehabilitation from their Accident Benefits insurer.

Here is a table to help you compare between the different categories of injury :

*To learn more about these categories, see my colleague Dani’s blogs about the Minor Injury Guideline and the non-catastrophic injuries!

A collision and the resulting injuries can have a catastrophic effect on someone’s life, no matter the category they fall in. If you have been injured in a collision and you are not sure if you are accessing all of the accident benefits that apply to your type of injuries, contact us today for a free consultation so we can discuss how we can help you.

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