Disability after an accident

In plain English: in an injury claim, disability means what you can no longer do because of the accident: work, drive, lift your child, sleep through the night. It is about lost function, not the name of the injury.

Diagnosis versus disability

Two people can have the same diagnosis and very different claims. A herniated disc might mean a few weeks off for an office worker and the end of a career for a roofer. Insurers and courts pay for the effect on your life, so the question is always "what has this stopped you doing?" rather than "what is it called?"

That is why your doctor's notes on work restrictions, lifting limits and time off matter as much as the scan report. A record that says "no lifting over 10 kg, no overhead work" does far more for you than a diagnosis on its own.

The different meanings you'll run into

• Disability insurance. Short- and long-term disability policies have their own definitions, often "unable to do your own occupation" at first and "any occupation" later. Read the policy wording carefully.
• Government benefits. In the US, Social Security disability has a strict test of being unable to do substantial work. In Canada, CPP disability benefits have their own severe-and-prolonged test. In the UK, benefits like PIP are assessed on daily living and mobility.
• Legal definitions. In England, Wales and Scotland, the Equality Act 2010 definition matters at work, and the Ogden tables used to value lost earnings adjust for whether you are disabled after the accident.
• Your injury claim. Here disability is simply the loss you prove, backed by medical and work evidence.

How it gets proved

Expect the insurer to test every limitation you describe. The strongest evidence usually comes from several directions at once: treating doctors, an occupational therapist who has watched you try everyday tasks, your employer confirming changed duties or lost shifts, and a diary kept in your own words.

Benefits and your settlement

Disability payments you receive can affect your injury claim. Some are deducted from the compensation, some must be paid back out of it, and some are ignored. The rules depend on the benefit and where you live, so tell your lawyer about every payment you get.

Next: impairment · future earning capacity · how much is my claim worth?

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