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Suffering from a stroke may lead to short or long-term physical and/or cognitive deficits requiring intense rehabilitative treatment. Even with proper medical treatment, a stroke can unfortunately cause enough damage and residual symptoms to the body to cause a permanent disability, rendering a person unable to work.
How does a stroke normally occur?
A stroke normally happens when a blood vessel in the brain ruptures and bleeds or when the blood supply to the brain is blocked. The rupture or blockage then prevents blood and oxygen from reaching the brain’s tissues, which can cause significant damage to the brain cells. This is a severe medical emergency that requires immediate medical attention.
If this treatment is not obtained, the individual is at risk for death, paralysis, impaired cognitive and motor function, and/or severe brain damage. Symptoms of a stroke show up in the body parts controlled by the damaged areas of the brain.
Stroke does not discriminate according to age or gender. Anyone is at risk, from childhood to early adulthood. If a stroke occurs while you are at prime working age, it could have a detrimental impact on your income-earning potential and retirement savings. Causes of strokes are typically caused by risk factors such as an unhealthy diet, inactivity, excessive alcohol consumption, smoking, genetics and certain medical conditions such as high cholesterol, high blood pressure, heart disorders, an enlarged heart and diabetes.
If you or a loved one has suffered from a stroke that has left you incapable of working, you may be eligible to receive long-term disability benefits. However, life can become frustrating and financially difficult when those benefits are unreasonably denied or cut off. When this occurs, options are available, and you do not have to accept your denial.
Talk to a Hamilton disability lawyer for assistance getting your disability benefits back on track. Our disability lawyers serve claimants Province-wide at all stages of wrongfully denied long-term disability.
Types of Strokes
Three main types of strokes could occur: ischemic stroke, hemorrhagic stroke, or transient ischemic attack. Each comes with its own levels of severity and risk for permanent damage or death.
Ischemic Stroke: An ischemic stroke is caused by a blood clot or blockage in the blood vessels, usually from plaque buildup in the artery. It occurs either in an artery in the brain or the heart, where it may travel through the bloodstream. This is the most common type of stroke—according to the Mayo Clinic, 80% of strokes are ischemic strokes.
Hemorrhagic Stroke: This type of stroke is caused when an artery in the brain actually breaks open through a leak or rupture, which in turn interrupts blood flow and causes significant damage to the brain. One of the major causes of hemorrhagic stroke is high blood pressure. Some other causes may include aneurysm or overuse of blood thinners.
Transient Ischemic Attack (TIA): The least severe type of stroke, a transient ischemic attack (TIA), is sometimes referred to as a mini-stroke or warning stroke. It occurs when a small blood clot briefly blocks an artery and temporarily interrupts blood flow. A TIA lasts less than an hour and, in some cases, may only occur for a few minutes. However, just because these attacks are not as severe does not mean they should be overlooked. TIAs are still a medical emergency and can be a warning sign that a large stroke could occur very soon.
Stroke and Total Disability
After a stroke, an individual may not be able to return to work due to the significant amount of brain damage they have suffered. These individuals are often limited in functionality, particularly motor and cognitive functions. Approximately 90% of individuals who have a stroke suffer from impaired function. This makes it difficult for those individuals to work or perform the duties of an occupation safely.
Another risk factor that can impact work ability is stroke-induced dementia. Stroke can be a direct cause of dementia at any age and can double the risk of developing early-onset dementia. When an individual has dementia, they often suffer from limitations and impairments to cognitive functions that are important for many, if not most, occupational positions. This includes problem-solving skills, memory function, multitasking ability, organizing and processing information, reasoning and logic, and other issues.
In addition to the physical and mental inability to perform the functions of their occupation, individuals who have suffered from strokes are also often required to seek out treatments and continuous health care services. These services may be time-consuming and prevent them from keeping up with their regular work schedules.
Our disability lawyers can help if you’ve been denied your long-term disability benefits.
Stroke is often covered under a long-term disability insurance policy. Still, you must prove that you suffer a total disability and are incapable of returning to performing the substantial duties of your employment. If your insurance carrier determines that you can return to work, they may decide to deny or cut off your benefits. Often, this may occur after two years of disability benefits, as your insurance policy may undergo a Change of Definition from being unable to work your own job to being unable to work any job. You will be required to prove that you cannot work any occupation related to your training, field of work or study, pay grade, or educational level.
Your insurance carrier will investigate using a team of specialists and professionals. Therefore, you must work with a Hamilton disability lawyer to build a strong claim in your defence. We work with a team of top medical professionals and occupational specialists throughout Ontario who will provide a strong case that you cannot return to work.
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.