Mental Health Still Often Demands Medical Proof to Claim in British Columbia
Mental health has long been a critical issue in Canada, affecting millions of individuals across the country. Despite growing awareness, stigma and barriers to treatment remain. One of the most well-known initiatives aimed at addressing these challenges is Bell Let’s Talk, an annual campaign designed to spark conversations about mental health, raise funds for mental health programs, and encourage Canadians to take action.
The prevalence of mental health issues among Canadians is well-documented. A 2022 Statistics Canada survey found that more than 5 million Canadians 15 years of age and older met the diagnostic criteria for a mood, anxiety, or substance use disorder that year.
In British Columbia and across Canada, individuals who suffer psychological injuries due to accidents or negligence often face unique legal hurdles when seeking compensation.
Canada’s courts have recognized some of the negative biases against mental health issues within the justice system. In the landmark 2017 Saadati vs. Moorhead decision, the Supreme Court of Canada specifically stated that a medical diagnosis of a specific psychological disorder is not necessary for a claim of mental injury to succeed. As such, mental injuries should be treated the same as physical ones.
Nevertheless, claimants often need expert medical testimony from psychiatrists or psychologists to validate their condition.
Insurance companies frequently dispute mental health claims, arguing that psychological injuries are less serious than claimed or pre-existing. This can make it difficult for victims to receive fair compensation for therapy, medication, out-of-pocket expenses, and lost wages due to mental health struggles.
Similarly, WorkSafe BC demands that claimants for psychological conditions or “mental disorders” submit medical evidence supporting their diagnosis. In addition, claimants can only receive benefits if they can show a link to their condition and a work-related injury, traumatic event, or work-related stressors.
Our British Columbia personal injury and long-term disability lawyers can connect you with qualified medical professionals who will examine you and report on your condition fairly and honestly. We can help gather evidence from your existing healthcare team. As your legal counsel, we can also advocate for you in any communications with insurers and leverage our experience to recognize unreasonable settlement offers. If we take you on as a client, you do not have to pay any upfront costs. You will only pay us if we win.
Did Someone Else Cause Your Mental Injuries? Explore Your Legal Options With Us
Taking civil action is not appropriate for every difficulty related to mental health. However, filing a claim could help you to find resolution and regain a sense of control over your life if you suffered psychological injuries at the hands of someone else’s negligence or wrongdoing.
If you are struggling with mental injuries caused by someone else, we can advise you on whether you have grounds to claim damages. We respect our clients and understand that your trauma is real.
We are available to take your call 24/7 on our toll-free line, 1-844-373-8202. Please give us a call to set up a free initial consultation where we can learn more about your potential case.
