Whether one is the victim of a work-related accident, an occupational disease, a road traffic accident, or a criminal act, the injuries they sustain must be assessed before any kind of benefits are paid. In practice, a percentage of permanent impairment of the individual’s physical or psychological integrity must be established. As the relevant calculations are based on the Scale of bodily injuries regulation (which was adopted under the authority of the Act respecting industrial accidents and occupational diseases), the notion of impairment is derived from labour law.
« Permanent impairment » encompasses three (3) elements, namely:
1. Anatomic-physiological deficit (APD)
2. Cosmetic damage (CD)
3. (Whenever required) Pain and loss of enjoyment of life (PLEL)
Whereas anatomic-physiological deficit and cosmetic damage are assessed by a physician, the last element (PLEL) is determined by means of a chart.
Although permanent impairment and functional limitations are assessed separately and according to specific evidence, the two notions are closely related and may even overlap.
Atteinte permanente et limitations fonctionnelles sont étroitement liées et peuvent s’influencer l’une et l’autre.La reconnaissance de l’existence de ces deux notions s’évalue en deux sujets séparés et se juge selon les preuves recueillies.
According to the Scale of bodily injuries regulation, permanent impairment may be found even when the APD percentage comes in at zero. In such a case, impairment will exist although no benefits will be paid on account of bodily injuries.
Medical assessment
The medical assessment performed by a healthcare professional will focus on the area where injuries have been reported. When it comes to the musculoskeletal apparatus, the physician will pay close attention to scars, deformations, misalignments, limited amplitudes, blood supply, and the strength of muscular groups.
In the end, compensation will cover a lot more than physical injuries and loss of income, as cosmetic damage, psychological impacts, and loss of enjoyment of life must also be considered. Consult a specialized attorney on the matter: you could be entitled to a lot more benefits than you think!
Pour le respect de vos droits : Accident Solution Légal
(Nothing in the foregoing must be interpreted or construed as providing a legal opinion.)
