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‘Minor Injury’ may have a Major Impact on your Accident Benefits Claim
31
March
2014

When an individual gets into a car accident, they are entitled to immediate access to numerous benefits.  The amount and type of benefits available depends, to a large degree, on the nature and severity of the injuries sustained in the motor vehicle accident.  Unfortunately, in recent years, legislation has, and continues to, reduce the scope of the benefits immediately available to a claimant through Ontario’s no-fault accident benefits scheme.  Since 2010, one major reduction has been through the advent and use of the Minor Injury Guideline, and the limitations in the Statutory Accident Benefits Schedule related to minor injuries.

A minor injury is defined in the minor injury guideline as: a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and any clinically associated sequelae.  It is often the case that an insurance company will classify an injury as minor, or one to which the minor injury guideline applies, even, at times, in the face of strong medical evidence suggesting the contrary.  The reason for this is that having a minor injury limits the access to certain benefits, and caps the amount available for medical-rehabilitation benefits (such as massages, chiropractic treatment, or physiotherapy) to $3,500.00.

Naturally, Toronto personal injury lawyers, like other lawyers across the province, must often dispute their clients’ minor injury status with insurance companies.  Once the injured person is pulled out of the minor injury guideline, or from the definition of minor injury, he/she will often have available up to $50,000 in medical-rehabilitation benefits, as well as access to some other benefits.

To preserve your entitlements to these benefits, and to properly guide you if you are hurt in a car, you should take immediate steps to contact your Toronto injury lawyers, Tafakori Khan LLP.

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