Tag Archives: rehabilitation

2020 Awards of Excellence in Brain Injury Rehabilitation

As a member firm of PIA Law, McLeish Orlando is proud to present the 2020 Awards of Excellence in Brain Injury Rehabilitation, in partnership with the Ontario Brain Injury Association (OBIA).

These awards are designed to recognize individuals and organizations that provide exceptional service to the brain injury community in the following five categories:

  • Hospital Social Worker of the Year
  • Case Manager of the Year
  • Health Care Provider of the Year
  • Community Brain Injury Association of the Year
  • Rehabilitation Company of the Year

Click here to register to receive the Zoom link to view the event.

For more information on the Awards of Excellence, see Rules and Regulations.

Cyclists, Pedestrians, and Their Rights to Accident Benefits

Written By: Patrick Brown and Lori Khaouli

Cyclists, Pedestrians, and Their Rights to Accident Benefits

Cyclists, Pedestrians, and Their Rights to Accident Benefits

During the unprecedented COVID-19 outbreak, more and more people in Ontario are taking to cycling and enjoying the freedom that cycling brings. Unfortunately, infrastructure and traffic laws have failed to protect cyclists and ensure their safe passage on roadways. As a result, far too many of us are injured in collisions involving cars. It is important to know that you have rights to benefits that are there to help you and your family when recovering from personal injuries due to a motor vehicle crash.

In Ontario, if you are injured in a crash involving a motor vehicle, you are entitled to No-Fault Benefits (Statutory Accident Benefits). As the name suggests, you may receive these benefits even if you are at fault. Many cyclists and pedestrians don’t realize that they are entitled to these benefits whenever a vehicle is involved in the crash, including doorings. If a car is involved and no contact is made, you may still be entitled to benefits.

Which Benefits are Available to You?

There are several key benefits available to injured crash victims under Ontario’s Statutory Accident Benefits Schedule:

  • Medical Benefits: To help you pay for expenses arising from the crash, including medical treatment, required medications, dental, ambulance, and other treatment as necessary.
  • Rehabilitation Benefits: To aid in reducing the effects of the injury, such as home modification, physiotherapy, and chiropractic care.
  • Income Replacement Benefits: To replace your lost income from being unable to return to work.
  • Attendant Care Benefits: If you require assistance after the crash, this benefit will compensate for an attendant, aide, or long-term care facility.
  • Caregiver Benefit: If you are a primary caregiver in your household and are injured, this benefit compensates for the cost of hiring someone to help.

Depending on the nature and severity of your injuries, you may be entitled to other benefits including housekeeping and home maintenance expenses, death and funeral benefits, and even lost educational expenses.

How Can You Make a Claim for Accident Benefits?

As a cyclist or pedestrian injured in an accident involving a car, you can make a claim for benefits through your auto insurance policy. If you do not have auto insurance, a claim can be made through the policy of the driver involved in the collision.

When making a claim for accident benefits, the insurance company must be notified within 7 days of the crash in question. The insurance company will provide an Application for Accident Benefits package which must be completed and returned within 30 days.


As vulnerable road users, it is important for cyclists and pedestrians to be aware of their rights when they are involved in a collision with a motor vehicle. Consulting a lawyer is not necessary to make an application for benefits, it can be made by you. However, if you suffer serious injuries, we do recommend that you consult a personal injury lawyer as you may have additional rights, and you may need to consider a lawsuit against the driver for additional compensation due to the harm they caused you. If you are not sure, feel free to give us a call. Our advice is free.

Ride safe!

2020 Awards of Excellence in Brain Injury Rehabilitation

Nominations are now open for the 2020 Awards of Excellence in Brain Injury Rehabilitation. Nominate from June 1 to July 3 for any of the five Awards of Excellence by clicking here.

Voting will be open from August 3 to August 31.

These awards will be presented by the Ontario Brain Injury Association (OBIA) to recipients who have been selected by their peers for providing exceptional service to the brain injury community in the following categories:

  1. Hospital Social Worker of the Year
  2. Case Manager of the Year
  3. Health Care Provider of the Year
  4. Community Brain Injury Association of the Year
  5. Rehabilitation Company of the Year

Click here for more information.

Ontario Concussion Rates Are Much Higher Than Previously Reported

Written By: William Harding and Christina El-Azzi, Summer Student

Study from the Journal of Head Trauma Rehabilitation

A concussion  is  a brain injury that results from a blow to the head or body which causes the brain to hit the walls of the skull, resulting in bruising or swelling. Though many concussions heal quickly, they have the potential to have lasting effects and can sometimes result in death.

A recent study by Toronto’s University Health Network suggests that concussion rates in Ontario are almost twice as high as previously recorded. They state that approximately 150,000 concussions get diagnosed in Ontario annually, with children under 5, women over 65 and populations in rural communities being the most susceptible.[1]

Are We Dealing With a Concussion Epidemic?

Though the dramatic increase in the rate of reported concussions appears to be alarming, the team at Toronto’s University Health Network believes the dramatic spike is influenced by increased public awareness surrounding brain injuries rather than an increase in the actual number of concussions.

Public education surrounding concussions has ramped up in recent years. This is likely due, in part, to the highly publicized death of Rowan Stringer. Rowan was a 17-year-old Ottawa girl who died after sustaining multiple concussions while playing high school rugby. Rowan’s Law, legislation which establishes safety protocols for young athletes suspected of having a concussion, was born out of this tragic incident. The NFL concussion class action also played a role in publicly highlighting the serious risks associated with repetitive brain injuries.

The limited scope of previous studies done in Ontario with regards to concussion rates may have also contributed to the skewed statistics. Previously, studies only considered smaller jurisdictions, single causes of injury, or they focused on specific pockets of the population. By using a larger research sample (records were pulled from a province-wide health data repository), the research team at Toronto’s University Health Network was able to offer a much more comprehensive look at concussion rates in the province.


The importance of public awareness and education surrounding concussions persists because concussions are invisible injuries, unseen by the naked eye or on many forms of diagnostic imaging. They can easily be downplayed by the patient or misdiagnosed by the treating physician.

Concussions range in severity from mild to debilitating. If left untreated, symptoms such as headaches, mental fog, and fatigue can persist for years.

The more information we have about concussions, the better equipped we are to prevent and efficiently treat them. Keep the following in mind:

  • The best way to prevent a head injury is to protect the head. Always wear a properly fitted helmet that is appropriate for the activity you are participating in.
  • Always ensure that you and your fellow passengers are wearing seatbelts when in a vehicle.
  • Know the signs and symptoms of concussion which includedizziness, headaches, nausea, sensitivity to light, blurred vision, ringing in the ears, lack of concentration, problems with balance, and trouble speaking. Note: You do not always lose consciousness when you sustain a concussion.
  • Remove yourself from the situation immediately if you suspect that you have been injured.
  • Do not take a chance! If you are having any symptoms, it is important to seek medical attention.
  • Do not return until all symptoms have dissipated and you have been medically cleared. The risks associated with concussions are exacerbated if multiple concussions are suffered, especially if they happen within a short period of time!

If you or someone you know has suffered from a severe concussion, contact one of the critical injury lawyers at McLeish Orlando LLP for a free consultation.

[1] Langer, Laura & Levy, Charissa & Bayley, Mark. (2019). Increasing Incidence of Concussion: True Epidemic or Better Recognition? Journal of Head Trauma Rehabilitation.