Scoliosis Disability Lawyer

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Scoliosis is a deformity of the spine, mostly classified as congenital or syndrome-related, that, in most cases, leaves a person’s spine in an “S” shape. Scoliosis normally consists of the vertical line of the spine being abnormally curved or rotated. Symptoms of back pain, often severe, are not unusual, especially with older people who have co-morbid back issues or multiple types of scoliosis. Oftentimes as well, there can be multiple visual issues that can be seen with people who suffer from scoliosis, including uneven shoulders, uneven hips, misaligned spine, severe forward neck bending, as well as deformities of the back and chest wall.

Insurance companies routinely deny claimants with scoliosis. You have rights. Call us – we can help restore your monthly disability income.

It is not unusual for people who suffer from scoliosis and serious spinal asymmetry to have problems working as they age. Serious back pain caused by scoliosis can also have a major impact on a person’s physical and psychological well-being.  If you are unable to work because your scoliosis condition is serious and painful, call our Hamilton scoliosis disability lawyers today at 905-333-8888. You have rights – and we can help get your benefits back on track.

Types of Scoliosis

Scoliosis can be classified in several ways different ways, being:

• Congenital scoliosis: means that issues of the spine are present at birth. It is quite rare and normally results from spinal deformities in the mother’s womb. Congenital scoliosis can cause growing children to develop additional curves in the opposite direction as the scoliosis, which is the body’s attempt to compensate for the abnormality.

• Infantile scoliosis: is a nonstructural issue that is diagnosed from birth to three years old. Many infantile cases are also called “idiopathic” scoliosis, which means the cause is unknown.
  
  
• Adolescent Idiopathic Scoliosis: is the most common form of scoliosis. Normally, by the age of 10 or 11, the growing of the spine has started to slow – by this time, most kids have already developed a substantial degree of spinal curvature. Typically, symptoms of adolescent scoliosis take the form of uneven shoulders, a rib bump, or a leaning torso. Adolescent scoliosis is also sometimes associated with lower back pain – which can worsen as the adolescent ages.
  
  
• Neuromuscular Scoliosis: normally develops as a secondary symptom of another condition, such as spina bifida or cerebral palsy.
  
  
• Idiopathic Scoliosis: as noted, with idiopathic scoliosis, the cause is unknown. There is no single reason or factor why a person may have scoliosis.
  
  
• DeNovo Scoliosis: also known as adult degenerative scoliosis, is typically characterized by a person’s spine curving sideways over time and as they age. This type of scoliosis normally occurs when a person’s spinal discs between vertebrae degenerate unevenly, causing the vertebral joints to curve or become more pronounced on one side of the body. DeNovo, or degenerative scoliosis, is caused by age-related degeneration of the spine and is normally diagnosed in people over 50.
  
  
• Neuromuscular scoliosis (NMS): is a type of idiopathic scoliosis which develops secondary to other conditions of the spinal cord and is non-congenital.  Underlying conditions, such as cerebral palsy or muscular dystrophy, can contribute to neuromuscular scoliosis.   NMS can occur at any age. The progressive deformity of a person’s spine may severely limit mobility, a person’s sitting balance, difficulties in daily care, positioning, ambulation, and wheelchair positioning in those who are unable to walk or stand.
  
  
• Dextroscoliosis: is a type of scoliosis involving abnormal sideways curvatures of a person’s spine to the right, which tends to occur in the middle or upper portions of the spine. Dextroscoliosis can also company scoliosis in general, leading to a hump in the spine, curving to one side or the other. Dextroscoliosis involves many anatomical positioning difficulties (uneven shoulders, rib prominence, uneven waistline, uneven hips) and may cause a person’s head to tilt or lean to the left or right.
  
  
• Thoracodextroscoliosis: is the abnormal curvature of the thoracic spine to the right. Although thoracic dextroscoliosis does not pose the clinical problems that thoracic levoscoliosis does (abnormal curvature of the thoracic spine to the left), it may cause a person severe pain and other symptoms as they age.

• Lumbar dextroscoliosis: is the abnormal curvature of the lumbar spine to the right.
  
  
• Dextroconvex scoliosis: is the abnormal curvature of the spine in an S-like fashion. This type of scoliosis is also referred to as lumbar scoliosis or dextroscoliosis of the lumbar spine.
  
  
• Levoscoliosis: is the opposite of dextroscoliosis, characterized by the abnormal sideways curvature of the spine to the left. This form of scoliosis normally affects the lumbar spine but can also affect the thoracic spine. If a person suffers thoracic levoscoliosis (levoconvex scoliosis), there is potential for complications involving compressed organs, heart and lungs.
  
  
• Lumbar levoscoliosis: is the opposite of dextroscoliosis. Lumbar levoscoliosis is a type of abnormal curvature of the lower spine which is less common than dextroscoliosis. Lumbar levoscoliosis is where the lumbar area of the spine curves to the left.
  
  
• Lenoconvex scoliosis: also known as thoracic levoscoliosis, is the abnormal curvature of the thoracic spine to the left. Curvature is normally limited to T1 through T12 and, as mentioned above, has the potential to cause serious complications, including compressed organs, the heart, and the lungs.
  
  
• Kyphosis: is the abnormal curvature of the spine, which is both sideways and towards the upper back. Ketosis is typically referred to as hunchback.
  
  
• Lordosis: is the abnormal curvature of the lumbar spine inwards.
  
  
• Hyperlordosis: is the abnormal curvature of the spine with an excess spinal curvature in the lower back. The characteristics of hyperlordosis are a “C” type curve in the lumbar region, just above the buttocks.

Am I entitled to disability benefits if I suffer from Scoliosis?

If you suffer from severe scoliosis or multiple forms of scoliosis, and the disorder affects or impacts your ability to work,  you may be entitled to short-term disability benefits and long-term disability benefits. Oftentimes, severe abnormal spinal curvatures can cause permanent and severe pain, as well as tissue damage, organ compression, and nerve and muscle damage that may severely impact one’s health. Scoliosis can compress nerves and irritate and stretch nerves. Scoliosis can also put pressure on the joints, particularly the hip joints, causing them to become worn or inflamed.

Oftentimes, persons with scoliosis are naturally predisposed to rapid disc degeneration. The discs are part of your spine, located between your vertebral bones, and act as cushions. The discs prevent your vertebral bones from rubbing against one another and act as shock absorbers to the spine.

When discs are worn out or herniated, painful symptoms can develop and radiate throughout the body, in particular into the legs and arms, and cause severe pain that is sharp and burning. Spinal degeneration could often cause numbness and tingling that radiates into the upper and lower extremities and weakened muscles affected by compressed nerves.

If you suffer from scoliosis and cannot complete the substantial duties of your occupation, then you may qualify for short-term disability benefits. Short-term disability benefits are often paid via an employer group policy. Some employers do not offer short-term disability benefits, and employees must, therefore, collect the E.I. for a short period of time before they are entitled to apply for long-term disability benefits.

Long-Term Disability and Scoliosis

A person who is suffering in pain with severe scoliosis may, in fact, be unable to work at any regular gainful employment. For example, persons working jobs of a physical nature, such as trades (plumbing, HVAC, electrician), may be unable to sustain the physical duties of this type of employment. Many of these work environments and physical factors, such as bending, twisting, carrying, lifting, kneeling, crouching, and crawling, can exacerbate or worsen a person’s back pain and put a person’s already damaged spine at risk.

Sedentary jobs can no doubt cause an increase in scoliosis-related back pain, which can be one of the most debilitating conditions which can inflict grief, discomfort and total disability on a person, as well as affect his or her mental health and well-being, which in turn, reduces his or her efficiency in performing day-to-day vocational tasks. In short, a lack of physical activity due to scoliosis-related back pain can no doubt have a negative impact on job performance due to prolonged sitting, standing, static posture, as well as uncomfortable neck and back support.

Remember, your policy, more likely than not, states that for the first two years, you must be unable to complete the substantial duties of your own employment. After two years, your disability policy most likely changes its definition of total disability from your own employment to any employment – meeting your scoliosis-related back pain must prevent you from working at any employment for which you may be reasonably suited by education, training and experience. 

We have represented clients who have suffered from scoliosis in dextroscoliosis, which has prevented office workers, drivers and skilled tradespeople from completing the substantial duties of both their own employment and any employment.

Has your working life been affected by scoliosis?

If you are unable to work due to your scoliosis-related back pain and believe that you will suffer a health-related job exit, you have the right to apply for long-term disability benefits. Long-term disability benefits are typically referred to as contractual “peace of mind” benefits – meaning that if you can’t work, you will continue to collect a portion of your income paid by your disability insurance company so long as you satisfy the definition of total disability.

You might have undergone spinal surgery or decompression procedures, suffer from bronchial obstruction or respiratory dysfunction, suffer issues with your digestive system or hormonal system, or suffer damage to other major organs which prevents you from working. You may also suffer severe back pain, which severely restricts your functional activities and substantially reduces your overall quality of life. In these cases, there’s no doubt that a person should qualify for receiving long-term disability benefits.

Have you been denied your long-term disability benefits and suffer from scoliosis?

At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.

Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.