I sore a post on a Facebook TBI site the other day, actually it may have even been yesterday where a guy was asking whether a TBI is a disability or not.
If I am honest, I wasn’t sure, I knew that a TBI could cause a disability but I didn’t know that a TBI could be classified as a disability in its own right.
This obviously led me to doing a bit of research using good old faithful Google.
Yes, a traumatic brain injury (TBI) is considered a disability. Moderate to severe TBIs frequently result in long-term or permanent physical, cognitive, and emotional impairments. Because many of these lingering effects (such as fatigue or memory loss) are not outwardly visible, TBI is often referred to as an “invisible disability”
A traumatic brain injury (TBI), also known as an intracranial injury, is an injury to the brain caused by an external force. TBI can be classified based on severity ranging from mild traumatic brain injury (mTBI/concussion) to severe traumatic brain injury. TBI can also be characterized based on mechanism (closed or penetrating head injury) or other features (e.g., occurring in a specific location or over a widespread area). Head injury is a broader category that may involve damage to other structures such as the scalp and skull. TBI can result in physical, cognitive, social, emotional and behavioural symptoms, and outcomes can range from complete recovery to permanent disability or death. Causes include falls, vehicle collisions, and violence. Brain trauma occurs as a consequence of a sudden acceleration or deceleration of the brain within the skull or by a complex combination of both movement and sudden impact. In addition to the damage caused at the moment of injury, a variety of events following the injury may result in further injury. These processes may include alterations in cerebral blood flow and pressure within the skull. Some of the imaging techniques used for diagnosis of moderate to severe TBI include computed tomography (CT) and magnetic resonance imaging (MRIs).
Prevention measures include use of seat belts, helmets, mouth guards, following safety rules, not drinking and driving, fall prevention efforts in older adults, neuromuscular training, and safety measures for children. Depending on the injury, treatment required may be minimal or may include interventions such as medications, emergency surgery or surgery years later. Physical therapy, speech therapy, recreation therapy, occupational therapy and vision therapy may be employed for rehabilitation. Counselling, supported employment and community support services may also be useful.
TBI is a major cause of death and disability worldwide, especially in children and young adults. Males sustain traumatic brain injuries around twice as often as females. The 20th century saw developments in diagnosis and treatment that decreased death rates and improved outcomes.
Below is something that I found on Headway’s website which helps explain the impact of TBI.
The Equality Act –
a guide for brain injury survivors
Introduction
The Equality Act came into force in 2010 and brought together a number of different legislations on equality and individual rights. It protects the rights of people with a disability both in society and within the workplace.
The act covers England, Wales and Scotland. Northern Ireland is still covered by the Disability Discrimination Act 1995 (DDA 1995). For more information on the DDA 1995 and how it protects against disability discrimination, visit www.nidirect.gov.uk/articles/protection-against-disability-discrimination, and see the section ‘Further guidance’ on page 3.
This publication provides an overview of the Equality Act 2010 and specifically its relevance to brain injury survivors.
Being classified as disabled under the act
Under the Equality Act 2010, you are considered to be disabled “if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities”.
Within this definition…
- ‘substantial’ means more than just minor or trivial;
- ‘long-term’ means that the impairment has lasted or is likely to last for at least 12 months, or for the rest of the person’s life;
- ‘normal daily activities’ means everyday things like eating, washing, walking, going shopping, socialising, carrying out household tasks, etc.
A disability is referred to as a ‘protected characteristic’. This means that it is an aspect of who you are; you therefore should not be discriminated against because of it.
How the act applies after brain injury
Some conditions are automatically treated as a disability, including cancer, a visual impairment and long-term disfigurement, among others. However, for other conditions such as brain injury, you might need to prove that you have a disability under the Act’s definition by showing the substantial and long-term impact of your condition.
Only the courts can decide whether someone is technically defined as disabled under the Equality Act 2010, but the aim of the Act is to be as broad as possible. As stated on the UK government website, in the majority of cases it is clear enough whether or not someone has a disability, but guidance is provided where things are not entirely clear. This guidance is available at www.gov.uk/government/publications/equality-act-guidance.
Being classified as disabled according to injury severity
People who have long-term disabilities as a result of a moderate or severe brain injury should be covered by the Equality Act’s definition of ‘disability’, but may still be required to prove it.
It might be more difficult for people with a mild brain injury (otherwise known as concussion) to prove that they are classified as ‘disabled’, since under the Act the impairment must last or be expected to last 12 months or more. However, this still doesn’t mean that they should be discriminated against.
Regardless of the severity of injury, many people have ongoing issues with aspects of life such as personal care, employment and relationships. These sorts of issues could make someone qualify as being considered ‘disabled’ under the Equality Act.
I have absolutely no doubt in my mind that I’m teaching my Grandma to suck eggs, but after years of living in denial I’m finally ready to learn about what has happened to me, and if I’m honest it isn’t great reading.
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