The Minor Injury Guideline (MIG) was formulated in 2010 and revised in 2011 and 2014.  MIG was implemented within the context of Ontario’s ‘no fault’ insurance reforms and came into effect for accidents that happened on September 1, 2010 or later.  The key change that MIG brings for accident victims is that combined medical, rehabilitation, assessment and examination expenses for minor injuries are capped at $3500. The idea behind MIG is that most accident victims in Ontario sustain only minor injuries and should have quick access to this benefit.  People who do not agree with MIG question whether MIG actually improves access to needed compensation for victims or simply reduces payouts for the injured insurers.

There are two main criteria that must be met under the revised and tougher MIG structure. The first criteria is that the injury should fall under the current and broader definition of the minor injury classification.   MIG includes sprains, whiplash, contusions, bruises, lacerations and strains.  The second criteria is that there should be no pre-existing injury that would affect the recovery with the $3500 maximum for treatment.

The Statutory Accident Benefits Schedule is part of Ontario’s Insurance Act.  It describes what benefits are available to an injured person following an accident.  Injuries considered to be more serious than MIG fall into: the Non Catastrophic Impairment classification which allows a certain level of benefits including up to $50,000 in medical and rehabilitation benefits over a ten year period; or the Catastrophic Impairment classification for injuries such as brain or spinal cord injury, with medical and rehabilitation benefits to $1 Million over the victim’s lifespan.

It is important to consult with an experienced #link(meet-the-team,,personal injury lawyer) from the Burn Tucker Lachaîne firm as soon as possible following the #link(motor-vehicle-car-accidents,,car accident) in which you were injuries.  Many, including the lawyers at Burn Tucker Lachaîne, believe that the current criteria and classification of minor injuries are simply unfair, minimizing and sometimes even denying the deserved benefits to clients who have paid their insurance premiums and who truly need compensation to cover the costs of medical care and other expenses.

A minor injury can easily progress into a long-term ailment requiring extensive and continuous treatment which would easily exceed the $3,500 cap.  Various influential groups like the Ontario Trial Lawyers Association and the Spinal Cord Injury Ontario agree and have spoken out about the significant negative impact that this legislation would have on individuals who have been seriously injured in accidents.  They believe that this change only benefit the insurance industry as it would give them a door with which to escape making rightful payments, hence serving only to increase their profits.

In 2013, the Financial Services Commission of Ontario (FSCO) initially ruled in favour of an accident victim who claimed expenses that exceeded the $3500 MIG limit. Mr. Lenworth Scarlett was a passenger who was injured in a car accident.  His injuries fell into the MIG criteria but he also had some pre-existing injuries which affected his recovery and added to his recently acquired injuries.  He wanted to claim for attendant care benefits and medical and rehabilitation services.  Because of his pre-existing injuries, it was difficult to ascertain whether or not the severity of his injuries resulted from the car accident.

The Divisional Court reviewed this case in 2015 (Scarlett v. Belair, 2015 ONSC 3635 (CanLII)) and decided that   the onus is on the injured person, with medical records or testimony, to prove that the severity of their injuries exceeds the “minor” classification.  The Divisional Court ordered that a new hearing take place to determine whether Mr. Scarlett’s injuries fell under the MIG classification.

The classification of injuries is often not a simple process, nor is it necessarily immediately known whether injuries will remain ‘minor’.  Therefore, it is important that you engage a personal injury lawyer with significant experience in insurance #link(accident-benefit-claims,,accident claims) to represent you in your claim for accident benefits from your insurance company.

With the constant tweaks and changes in the rules and regulations concerning the amounts awarded in accident benefits to people who are hurt in car accidents, you can significantly increase your likelihood of achieving a successful claim if you contact us at #link(contact,,Burn Tucker Lachaîne).  Do not allow your claim to be unjustly minimized by your automobile insurer or fall through the cracks with an inexperienced firm.  We offer services to both English and French speaking clients and our knowledgeable staff will effectively explore all options in order to get rightful compensation for your injuries.

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