When thinking of the impact the Coronavirus can have on your existing or new personal injury, the first thing that comes to mind has to do with the temporary shutdown in hands-on care. Therapists and practitioners have shut their offices, and a delay or interruption of care can have long term impacts on your health and overall well-being. But beyond its impact on recovery, the pandemic can have other insidious potential consequences on those with existing and new personal injury claims.
Health Care
As a personal injury claimant, it’s your duty to mitigate your damages. If you don’t take reasonable steps to minimize your loss, the amount of compensation you will get can be reduced to account for your failure to mitigate. If your doctor recommends a rehabilitation program or other therapies such as counselling, chiropractic care or physiotherapy, you are expected to follow that recommendation. Otherwise, you risk having your compensation reduced.
But what happens if your treatment provider is closed due to the pandemic? In that case, there is not much you can do about it and you would not be penalized for suspending your course of treatment. Many counsellors and psychologists continue to offer virtual sessions, while some physiotherapists remain available for emergency cases. Contact care providers in your area and ask if they offer modified services during the COVID-19 shutdown.
Discuss your treatment plan with your doctor and take written notes of the advice that you receive. Bonus points if you can get your doctor to write those down for you! That being said, given the current strain on our health care system, you may not be able to get an appointment as soon as you would like, so make sure you document the reasons for your decision to modify your treatment plan so that the reasonable character of your decision can be supported.
In a nutshell
If you are unable to continue with your recommended course of treatment due to COVID-19, you should consider modified treatment if available, speak with your doctor as soon as possible, and document your decisions. Always remember that in court, evidence is key.
Employment Disruptions
If your ability to work has been impacted by your injury, you are generally entitled to compensation for wages that would have been earned and for reduced capacity to earn income going forward.
For employees
If you are unable to work because of your accident-related injuries but would otherwise have been employed, there should be no COVID-related impact on your claim. But the pandemic has caused an unprecedented disruption of the workforce, leaving many people unemployed or underemployed. If your employer shut down or laid off employees and there would not have been a job for you to return to (even if you were able), your claim may be reduced. If you would have been entitled to employment insurance or other benefits had you been working at the time of the layoffs, that can also be taken into account in assessing your claim for lost wages.
For small business owners
If your business would likely have flourished in the current environment (i.e. if you own a toilet paper company), or if your business would likely have seen a downturn (if you're a restaurant or a hair parlour owner), that contingency will be taken into account in assessing the amount of revenue that you lost because of your injuries.
In a nutshell
Keep records such as emails from your employer, industry data, market trend reports from your trade association, along with detailed notes of any relevant conversations.
Pain & Suffering
You are also entitled to compensation for the impact that your injuries have had on your quality of life. These non-pecuniary damages are called ‘pain and suffering’, and are based on the extent of disability, the duration of symptoms, your age, missed recreational opportunities, impact on family life, and pre-injury lifestyle.
It remains to be seen how COVID-19 will impact claims for ‘pain and suffering’. A grandparent who was unable to play with their small grandchildren due to accident-related injuries would have been compensated for missing those precious moments, however quarantines and social distancing would have kept them isolated from family anyways. An athlete who missed their season due to accident-related injuries would have had their missed season accounted for in their claim, however if their season was cancelled due to COVID-19, their claim may be impacted.
Assiff Law remains open for business during the COVID-19 shutdown. Our offices are open and staffed with critical personnel only, and our lawyers are working remotely. If you are an existing client with questions or concerns about your case, our team is available to assist.
We are also continuing to accept new claims, as we can ensure seamless communication with new and existing clients. If you would like to explore your legal rights arising from an injury, please contact us and we can provide a free initial consultation by phone or video conference.
