I have never been in so much pain. Why does my insurance company insist that I have suffered a “minor” injury?

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In September, 2010, the Statutory Accident Benefits Schedule (“SABS”) was amended to introduce the Minor Injury Guideline (“MIG”). Many people are surprised to hear that their injuries are being described as “minor”. In fact, the minor injury guideline is a misnomer. It is not based upon the severity of one’s injuries but on the type of injury that a person has suffered. Any individual who has suffered a soft tissue injury, partial tear, and certain other types of injuries will be placed in the MIG, regardless of the severity of their injuries.

Unfortunately, under the minor injury guideline, medical and rehabilitation benefits are capped at $3,500 and many people find that this is insufficient to pay for the medical treatment that they require as a result of their accident injuries.

Given that the MIG is relatively new, its terms and definitions have received very little consideration by judges or arbitrators. However, there are some ways that a person can be moved out of the MIG and receive additional coverage for medical and rehabilitation benefits. If a person has a pre-existing medical condition that would prevent him or her from achieving maximum recovery within the limits available under the MIG, or if a person has suffered another type of injury (such as a psychological injury) in addition to physical injuries, then the person can attempt to have his or her benefits enhanced.

This posting is meant to provide only general information not legal advice. Individuals should hire a lawyer to obtain legal advice with respect to the specifics of their particular case.

Marc Flisfeder is a personal injury lawyer in the Toronto, ON law firm, Lerners LLP. Marc’s personal injury practice includes assisting people injured in car accidents, motorcycle accidents, boating accidents, and other injury cases. See Marc's professional biography for more information about his work in the area of plaintiff personal injury law or contact him at 416-601-2663 or by e-mail at mflisfeder@lerners.ca.

 

Topics:  Actual Injuries, Bodily Injury

Published In: Civil Remedies Updates, Insurance Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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