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The Global Pandemic has been hard on people for different reasons. Those reasons may be economic, social, psychological, health related, something else, or a combination of a variety of factors. Whatever the reason might be, the Global Pandemic has impacted all of us in one way, shape or form.

The field of personal injury law is no exception.

Lawyer across Ontario have seen different systems come in place which we’ve all needed to adapt to and make work. Courts have released new practice directions; it would seem on a near weekly basis for lawyers and litigants to tell us how the Courts will work in this new world. Some months jury trials are being heard. Other months jury trials are not being heard. The same applies for contested motions or applications.

Below is a list of trends and predictions for the field of personal injury law in Ontario which have been brought on by the Global Pandemic. Now that things appear to be opening up, we all may see more changes yet to come.

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Each year our law firm sees a spike in calls immediately after the Canada Day Long Weekend. We expect this long weekend to be no different. The combination of long summer nights, alcohol, drugs and long weekend excitement can lead to some pretty dangerous situations which we should all hope to avoid.

While we have done iterations of this post in previous years, the safety tips are worth repeating. Some here are some old tips, and some new ones based on recent observations and queries from our intake of calls from across Ontario. Some of these tips may surprise you; while others are common sense. The thing with common sense is that it’s not so common; and sometimes it doesn’t make a heck of a lot of sense to people.

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Car accident law shouldn’t be confusing. But it is!

Workplace injury law shouldn’t be confusing either. But it is!

Part of the reason that both car accident law and workplace injury law are both so confusing is because there are man made laws behind both; which usurp natural law.

For car accident claims we look to the Insurance Act and the Statutory Accident Benefits Schedule. Both pieces of legislation are dense; and require that the injured claimant complete a bunch of confusing standard forms.

For workplace injury claims we look to the Workplace Safety Act, the Occupational Health and Safety Act along with the First Aid Requirements Regulation 1101

These pieces of legislation are also dense, and require that the injured worker complete a bunch of confusing standard forms.

You cannot sue your car insurer in regular Court over an accident benefit dispute for a car accident claim. Instead you must start a proceeding before the License Appeals Tribunal or LAT in the Automobile Accident Benefits Service or AABS

You cannot sue your employer in regular Court over a workplace accident. Instead you must start a proceeding before the Workplace Safety and Insurance Board or WSIB.

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One of the most commonly asked questions of me, Brian Goldfinger, is:

“Do I have a good case?”

It’s generally hard to say whether or not a person has a strong case or not. But there are a few indicators as to the strengths, or weaknesses or one’s case.

This edition of the Toronto Injury Lawyer Blog will focus on case strengths, and case weaknesses as they relate to Long Term Disability cases. In some respects, the same reasoning can be applied to car accident cases, slip and fall cases, dog bite cases etc. But there will be some specifics dealing with Long Term Disability cases which are unique to those sort of claims.

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The past 1.5 years has been difficult for everyone. We have lived through tragedies and war before. But tragedies and war may not impact one’s daily life if they are far removed from the tragedy or war.

The thing with a global pandemic is that it touches everyone’s life; whether you live in a high risk community or not. I can boldly state that your life has changed on account of the Pandemic. Whether it’s children not being in school, retail shutdowns, working remotely or simply going into a public space needing to wear a mask; your life is different.

But, there is hope. We have seen numbers decrease thanks to distancing, masking and of course; vaccines. Better understanding COVID-19 and how it spreads has helped significantly.

Ontario is accelerating its re-opening plans; which if they stick and don’t impact a spike to numbers in the ICU is a great sign. With those re-openings we will see more people out and about; enjoying life instead of being in a perpetual state of lock down.

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The Workplace Safety Insurance Board (WSIB) provides no fault insurance coverage for injured workers in workplace accidents.

When workers have been injured in the course of their employment; often they look to our law firm to sue their employer.

But here’s the catch. And oh boy; is it ever a big catch.

You see, the thing is, in the vast majority of cases, you cannot sue your employer for your workplace injuries. There are certain exceptions like working for a bank, a law firm, or a funeral home. But in the vast majority of cases, you cannot sue your employer for their negligence giving rise to a workplace injury.

Employers are given one of two classifications. They are either classified as Schedule 1, or Schedule 2 employers. The marjority of employers fall under Schedule 1.

A Schedule 1 cannot sue his or her own Schedule 1 employer. They will be forced to make a WSIB claim. In the event that they find a personal injury lawyer to take on their case and sue their employer for their workplace injuries, the Defendant will bring an Application to the Worplace Safety and Insurance Appeals Tribunal (WSIAT) to have the lawsuit kicked out of Court and force the injured worker to pursue a WSIB claim.

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You have to believe in your own case. If you don’t believe in it, then who will?

If you don’t care, then who will?

If you don’t try to help yourself, then who will.

While this may sound like self respect or motivational mumbo jumbo; it’s true!

A good personal injury lawyer will believe in you and believe in your case. If they are taking the case on a contingency fee basis; meaning don’t pay anything unless the case settles; then the personal injury lawyer ought not be investing his/her time in the case to begin with.

If the personal injury lawyer doesn’t see the case as a “Winner“, then why are they wasting their time and resources on a case doomed to fail? The personal injury lawyer is quite literally putting their money where their mouth is and taking on your case free of charge without any guarantee of recovery until the end of the case should it settle or should the Plaintiff win at trial. If the case is a loser, the personal injury lawyer losses too. That means that the goals of the personal injury lawyer and the client are aligned. And that’s a good thing. The more money the client receives, the more money the personal injury lawyer can bill in fees.

A wise personal injury lawyer will do his/her best to invest in clients whose cases they believe in. They will invest in clients they deem to have worthwhile causes which will render fruitful outcomes for both client and lawyer alike. Investing in too many cases which are going nowhere is a loss for the client,  and a loss for the personal injury lawyer.

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Twitter has it that close to 4,000+/- Ontario lawyers tuned in to an on line professional development program called the Mental Health for Legal Professionals Summit 

That’s a lot of lawyers for one on-line conference; and there’s nothing wrong with that.

In fact, there are a lot of positives to so many attending. It helps shine a light on mental health; it shows that lawyers aren’t invincible and will give those participating some coping strategies. It’s encouraging that during these difficult Pandemic and Lock Down days which have grinded on all of us, that lawyers are open to and receiving help. This is very reassuring and comforting. We all need support systems around us; particularly when isolated away from the workplace; so that we can feel connected and fulfilled.

While we are seeing this with lawyers; we don’t see this in every workplace. This has resulted in what we believe to be a spike in depression and mental health disability related claims.

Unlike a physical injury where an insurer, judge or jury case see the injury; we cannot see mental health injuries.

There are no band-aids, crutches, wheelchairs or canes for depression and anxiety. The co-worker who you see on Zoom may be suffering a lot on the inside; but you can’t tell over your weekly video meeting. They are likely struggling a lot on the inside. Reaching out to them to make sure they’re ok is great; but it doesn’t amount to professional help like counselling, CBT or medication.

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Long Term Disability claims are not claims for pain and suffering or general damage claims.

They are claims for a defined monthly disability amount based on percentage of your pre-disability earnings and last  for a pre determined period of time. Under most policies, that period of time is the age of 65; although some policies have provisions whereby benefits last shorter, or longer. It all depends on what it says in the policy.

When you are receiving long term disability benefits, chances are you won’t be made entirely whole. That means that you won’t be earning as much on long term disability; as you would if you were working and earning an income.

Some policies provide that long term disability benefits are taxable. Some policies state that long term disability benefits are not taxable. Again, it all depends on what the long term disability policy states.

Many people want to know what is the best possible outcome in a long term disability case. This can be a difficult question to answer; given that everyone has different ideas on what the “best” outcome for their case is.

For starters, nobody from the insurance company will be going to jail for having not approved your long term disability benefits; or for cutting you off your claim. In addition, a personal injury lawyer cannot seize the home, car or bank accounts of the person(s) responsible at the insurance company for not approving your claim. These forms of relief simply don’t exist. Although I do suspect if these forms of relief did exist that insurance adjusters would be extra cautious and careful when handling your claim. Not all insurance adjusters are bad people. They do make mistakes from time to time. But that’s no excuse. They aren’t the ones who have to live day to day without being able to work and try to make ends meet.

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Even personal injury lawyers don’t talk about personal injury law 24/7. Check out Brian Goldfinger’s appearance with Zarar Siddiqi on the Raptors Republic Vlog where they discuss the current Raptors season; where the team is going; and where the team has been. It was a fun and enlightening chat which we hope you enjoy. A link to the Vlog can be found here. 

BRIAN-GOLDFINGER-RAPTORS-PODCAST-REPUBLIC-300x169

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