Effective February 1, 2014, the Financial Services Commission of Ontario (FSCO) released changes to the Ontario Minor Injury Guideline (MIG). Specifically, the changes require claimants to provide formal documentation from a health care provider predating an accident as proof of a preexisting condition if they wish to circumvent the MIG. In effect, this makes it even harder for innocent victims injured in a car accident to avoid the harsh consequences of the MIG.
Enacted in 2010, the MIG was allegedly designed to achieve a variety of objectives, including:
- Regulating health care costs
- Providing prompt access to health care resources for individuals involved in minor accidents
- Improving overall use of health care resources
- Bypassing insurance company approval in favor of immediate access to treatment
Unfortunately, the MIG more often than not serves to limit full and fair compensation for negligence victims with compensable injuries. The MIG was developed following a series of laws that spanned two decades, including the Ontario Motorist Protection Plan. Finally, in 2010, the MIG established strict insurance payouts for “minor” injuries, capping payments at a mere $3,500.
Per the Guideline, the following injuries are considered “minor”:
- Sprains
- Strains
- Whiplash
- Contusions
- Abrasions
- Lacerations, Subluxations
- Sequelae of an injury
- Aggravation of a preexisting injury (unless a plaintiff can show documentation from a health care practitioner that predates the accident)
As accident victims know, every collision and each individual is unique. A so-called “minor” injury as classified by the MIG can develop into chronic, debilitating pain that is anything but minor. In those cases, the $3,500 cap under the MIG will be woefully inadequate, and it will be crucial in such cases to attempt to remove such individuals from the MIG as soon as possible.
Lomax Law Firm
If you have been injured in a motor vehicle accident, you deserve full and fair compensation for your injuries. The Minor Injury Guideline is not insurmountable, but removing an accident victim from the MIG requires experienced, knowledgeable legal counsel. Do not leave your case and your future to chance. Rein Lomax has helped the injured and their families for nearly two decades. Contact Lomax Law Firm today at (519) 488-9378 to discuss your case.
This website has been prepared by Lomax Law Firm for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.