We have come a long way in Canada in recognizing and appreciating those who suffer from “invisible” injuries, but we have a long way still to go. Too often those who are most vulnerable in our society are discriminated against because their injury or disability cannot be seen or cannot be proven with so-called objective evidence. These injuries include chronic pain, traumatic brain injury, depression, and anxiety.

The highest court in our county, the Supreme Court of Canada, has recognized how people with invisible injuries are treated differently as far back as 2003 in the seminal case of Nova Scotia (Workers’ Compensation Board) v. Martin, 2003 SCC 54, where the Court wrote:

Chronic pain syndrome and related medical conditions have emerged in recent years as one of the most difficult problems facing workers’ compensation schemes in Canada and around the world. There is no authoritative definition of chronic pain. It is, however, generally considered to be pain that persists beyond the normal healing time for the underlying injury or is disproportionate to such injury, and whose existence is not supported by objective findings at the site of the injury under current medical techniques. Despite this lack of objective findings, there is no doubt that chronic pain patients are suffering and in distress, and that the disability they experience is real. While there is at this time no clear explanation for chronic pain, recent work on the nervous system suggests that it may result from pathological changes in the nervous mechanisms that result in pain continuing and non-painful stimuli being perceived as painful. These changes, it is believed, may be precipitated by peripheral events, such as an accident, but may persist well beyond the normal recovery time for the precipitating event. Despite this reality, since chronic pain sufferers are impaired by a condition that cannot be supported by objective findings, they have been subjected to persistent suspicions of malingering on the part of employers, compensation officials and even physicians.

Notwithstanding this judgment and pronouncement by our highest court, I still find on a day to day basis insurers and defence lawyers callously rejecting legitimate chronic pain cases and refusing to pay fair compensation for their suffering. Insurance companies have spent millions of dollars to prejudice potential jurors against those who come to court with invisible injuries.

Those suffering from mild traumatic brain injuries or concussions face a similar plight. If the injury cannot be seen on an MRI or CT scan, insurers will argue the disability cannot be real - the person is exaggerating his or her impairments. This is rarely the case. Science is slowly catching up with real life experience. We now know that a person can suffer a concussion and the damage and effects can be life changing and permanent.

So what can you do if you suffer from an invisible injury or how you can you help someone who suffers from an invisible injury obtain fair compensation? There are some steps that you can and should take:

• - See a medical professional right away after the incident
• - When you meet with medical professionals tell them all of your symptoms, including fatigue, headaches, dizziness, pain etc. Don’t leave anything out.
• - On the other hand, don’t exaggerate your symptoms. This is particularly important if you are sent to an insurance doctor or a defence medical examination.
• - Follow through with recommended treatment.
• - Regularly see your family doctor and report your symptoms at every visit
• - Keep a journal of your day to day symptoms - document everything, this will come in handy 2 or 3 years into a case
• - Most importantly, be credible. If you are suffering, don’t be on social media telling the world how great your life is. My recommendation is to stay off social media all together if you are involved in a legal action.

If you take the above steps, you will have a better chance of being fairly compensated for your injuries.