If your accident benefit insurer has placed you in the Minor Injury Guideline, you will only have $3500 in medical rehabilitation benefits available, even if you have purchased upgraded accident benefits. You will not be eligible for housekeeping benefits or attendant care.
For many people, the $3500 will be sufficient to get them back on track after an auto accident. However, for many others, the implications of such a low policy limit are devastating.
Should you be under the Minor Injury Guideline? The answer will depend on your injuries. The Minor Injury Guidelines cover people whose PREDOMINANT injury is one of the following:
- Sprain, including a partial tear
- Strain, including a partial tea
- whiplash unless there are neurological symptoms
- contusions, abrasions, lacerations
- subluxations, unless it is a complete dislocation of a joint
If you have one of these injuries but have a pre-existing condition that will impede your ability to recover from your accident related injuries, you may be entitled to an increase in your medical rehabilitation dollars.
Auger Hollingsworth’s view is that you should not be in the Minor Injury Guidelines if you have suffered a psychological injury, a traumatic brain injury (including a concussion), a complete tear of a tendon or ligament, a fracture or WAD III or IV.
If you have been placed under the Minor Injury Guideline and you do not believe you belong, you should consider filing a application for mediation with the Financial Services Commission of Ontario (FSCO). There may be a limitation period for making such an application which you must ensure you meet.
For more information about your accident benefit claim, please contact Auger Hollingsworth at 613 233-4529.