What is the Minor Injury Guideline?
The Minor Injury Guideline (“MIG”) is part of the Statutory Accident Benefits Schedule (“SABS”) in Ontario. The MIG provides a framework for the treatment of insured persons involved in a motor vehicle accident who sustain “minor injuries.”
Objectives and Limitations
The objectives of the MIG are to provide immediate access to treatments and to ensure insurance companies will pay for these treatments promptly. Insurance companies can substantially reduce the amount of money they pay in a MIG claim.
The MIG limits the amount that an injured person can access to $2,200, or, with an extension, to an absolute maximum of $3,500. In some minor injury cases, this is sufficient. However, for many people, this amount is not nearly enough to pay for the treatments they need and to be able to function as they did before the accident. If an individual is removed from the MIG, then they may be entitled to a maximum of $65,000 in medical treatments.
What is considered a minor injury?
Under the MIG framework, the following are considered minor injuries:
- Sprain;
- Strain;
- Whiplash-associated disorder (WAD);
- Contusion;
- Abrasion;
- Laceration;
- Subluxation (when a joint begins to dislocate); or
- Any clinically associated sequelae (any related complaint that arises out of one or more of the injuries above)
What if my injuries are NOT minor?
At MAZI LAW, we understand that the MIG’s maximum treatment amounts of $3,500 is very limited and may hinder your optimal recovery. For an injured person to claim higher, non-minor medical benefits, we must prove that their injuries cannot be treated within the minor limits. The lawyer must provide the insurance company with “compelling evidence” and medical documentation to remove an injured person from the MIG.
Generally, there are three important factors that may remove an injured person from the MIG: a pre-existing condition, a psychological condition, or other serious injuries.
1. Pre-existing medical condition
An injured person who has well-documented and pre-existing medical conditions before an accident may be removed from the MIG. For example, if you have a history of migraines, sciatic pain, recent fractures/dislocations, or recent surgeries, you will likely require more treatments than that offered by the MIG.
However, it is important to note that the existence of any pre-existing condition will NOT automatically remove an injured person from the MIG. Instead, your lawyer and medical professionals must provide the insurance company with “compelling evidence” to establish your injuries are non-minor.
2. More serious injuries, complications, and chronic pain
If an injured person’s accident-related injuries are aggravated and prolonged, they may be removed from the MIG. A medical practitioner or healthcare professional may diagnose an injured person with chronic pain or mechanical pain injuries that limit a person’s daily activities or employment tasks.
Other more serious injuries that warrant removal from the MIG include fractures, dislocations, concussion, and associated symptoms.
3. Psychological Injuries
There is no mention of psychological injuries in the MIG framework. If an injured person sustains psychological injuries in a car accident, they may be entitled to treatments beyond the MIG limits. However, as always, these injuries must be independently diagnosed by a healthcare professional.
Get Help from Professional Lawyers
Despite these, injured persons still need to prove that their cases are OUTSIDE of the MIG. This is where having a personal injury lawyer on your side will help. At MAZI LAW, our lawyers will present the insurer with proper evidence (such as reports, medical records, and more) to establish that your injuries are anything but minor. This will allow you to receive more benefits, recover, and receive the compensation you deserve!