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People with Unseen Conditions Need to Know Their Legal Rights

It can be difficult for people who do not have objective physical symptoms to get any kind of sympathy from employers, insurance companies or even the legal system. If you are not wearing a cast on your leg, then it seems as though no one believes that your leg is in severe pain.

The list of what many people refer to as “unseen conditions” includes:

  • Chronic pain in areas such as the knees, back and neck
  • Clinically diagnosed depression
  • History of repeated anxiety episodes

To the people suffering from these unseen conditions, these are very real problems that can affect a person’s ability to hold a job or work at all. The most common unseen condition that people attempt to obtain access to public funds for is pain. But it can be a struggle to get disability benefits when, even with medical evidence to back you up, your pain is the result of a problem that people cannot see.

Chronic back pain due to long-standing injuries, recent accidents or degenerative diseases can be crippling and can force a person to have to miss significant time at work. When that person can no longer work due to pain, he is forced to apply for disability assistance. When the assistance is denied, then that person is forced to contract the services of a lawyer.

People with clinically diagnosed depression require regular medication in order to hold down a job and function within society. When the benefits for that ongoing medication are denied, the person is forced to seek out legal assistance. Without the medication, that person is unable to function in a job setting and can find him or herself without an income.

Luckily for Canadians, the Supreme Court of Canada is more and more starting to recognize the significance of unseen medical conditions such as pain and depression. In a 2003 decision, Martin v. Nova Scotia, the Court remarked that pain is a very real condition and that provinces need to recognize the need for medical assistance and disability benefits for people suffering from chronic pain.

If you are suffering but you cannot get public assistance because you have no visible symptoms, then you need to hire a lawyer that knows how to get the government to recognize your condition. Without the proper legal help, you may find yourself working in crippling pain or facing financial collapse because you cannot work at all.

For assistance with a personal injury or insurance claim, please email David at dhimelfarb@himprolaw.com. To be contacted immediately call 1-855-446-7765 for a free case evaluation.

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