When Strength Becomes Silence: How a Psychological Injury Led to a Catastrophic Impairment Designation

By Roger Foisy on April 29th, 2025

At Foisy & Associates, we do not define injury by bruises and broken bones alone. Some of the most debilitating injuries our clients face are hidden, buried under layers of shame, stigma, and silence. That is why our team is committed to treating every client not just as a file, but as a person with a unique and complex recovery journey.

In our case stories series, we highlight real clients and the real impact of persistent advocacy. This is the story of “Martin” (name changed for privacy), a once-proud provider and professional, who struggled with the invisible aftermath of a motor vehicle accident that nearly cost him his identity, and his future.

Meet “Martin”

Martin was a respected figure in the physical and managerial side of the security industry. In his late 40s at the time of his accident, he was a tall, disciplined man who had long prided himself on strength, stability, and control at work and home.

The car accident that changed everything was not what most would describe as severe. With under $5,000 in property damage, there was nothing outwardly remarkable about the collision. But it rattled Martin in a way he had never experienced before. The vulnerability he felt afterward was foreign and unacceptable in his world. The anxiety came fast, followed by panic attacks, nightmares, and a mounting depression that would not lift.

Culturally and professionally, Martin was expected to “tough it out.” And for a time, he managed to do just that. But it became impossible to maintain the façade. His wife noticed first, urging him to seek help. He resisted, then relented.

Eventually, Martin was diagnosed with Major Depressive Disorder and Clinical Anxiety. These were not passing feelings. They were life-altering, chronic psychological injuries directly tied to the trauma of the accident.

Supporting Martin Through a Hidden Injury

Martin went on short-term disability through his employer’s benefits, and when he approached Foisy & Associates, it was not to discuss a lawsuit. It was to make sense of the bureaucracy. How long could he be off work? What paperwork was required? Could psychological injuries really form the basis for a personal injury claim?

The answer was yes. But the road ahead would be long.

We supported Martin through the insurance claims process while continuing to encourage his medical treatment. He was honest with his psychologist about his struggles, but not with everyone else. Friends and family were often kept in the dark. He was reluctant to take a leave of absence, concerned that it would be seen as a sign of personal weakness rather than a legitimate medical need. He worried about what others would think. At one point, he returned to work prematurely against the advice of his treatment team. It did not last.

When Martin began exploring a Canada Pension Plan (CPP) Disability Claim, he hesitated again. “I do not want to be one of those people,” he told us. The shame was thick. He very nearly let the limitation period for appeal expire. On the 89th day (of a 90-day limitation period), Martin allowed us to file the appeal on his behalf.

Shifting the Narrative and the Treatment Plan

Martin’s transformation began when he made the brave decision to change psychologists. While he respected his original provider, he was not connecting deeply enough to accept his condition fully. He switched to a psychologist from his cultural background, someone who understood not only the clinical side of trauma, but the cultural weight of masculinity, silence, and stigma.

We watched Martin slowly begin to embrace who he had become, someone who had not failed, but someone who had been injured and was finally healing.

As part of his recovery, he also explored massage therapy, mindfulness, physiotherapy, and yoga, all of which helped him manage his condition alongside talk therapy. But returning to work was no longer an option. The psychological impact of the accident had rendered him permanently unable to perform in his demanding profession.

Achieving a Designation of Catastrophic Impairment

Our role evolved as Martin’s treatment progressed. Through expert assessments and consistent evidence, we applied to have Martin deemed Catastrophically Impaired from a mental-behavioural perspective.

The insurer pushed back hard. Their medical examiners did not agree with the diagnosis or the degree of impairment. But we knew we had a solid case. We prepared for a hearing and were ready to go to the Licence Appeal Tribunal (LAT) to fight for what Martin deserved.

A full and fair settlement was reached, one that accounted for Martin’s ongoing psychological care, rehabilitation, and permanent departure from the workforce. We also won CPP Disability benefits appeal on his behalf, ensuring he had long-term financial stability.

A Case That Took Time and Sensitivity

From start to finish, Martin’s case took nearly six years. He pulled back. He questioned everything. He doubted us, doubted himself, and doubted the system. But we never let go.

We understood something many law firms have trouble with: not every client is ready the moment they walk through our doors. Psychological injuries, especially among men in high-pressure, culturally nuanced roles, are more complex, more delicate, and more prone to delay. It was not Martin’s job to be perfect. It was our job to be patient.

Today, Martin is no longer working. But he’s no longer pretending, either. And while his life looks different from pre-accident, he now lives with financial peace of mind and without shame.

If You’re Struggling After an Accident, Don’t Stay Silent

At Foisy & Associates, we understand that psychological injuries are real, complex, and deserve recognition. If you or someone you love is struggling with anxiety, depression, or trauma after an accident, we encourage you to reach out.

We are Ontario personal injury lawyers with deep experience in psychological and catastrophic impairment cases. We will never minimize your pain, push you to settle early, or treat you like a number.

Contact us today for a free consultation. Let us be the team that waits for you when others give up.

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