Ryan Findlay | March 3, 2025 | Personal Injury
Minor Injury Guideline
If you are injured in a car accident in Hamilton, Ontario, you could be entitled to compensation for your injuries. However, all car accident victims need to be aware of the requirements and limitations of Ontario’s Statutory Accident Benefits Schedule (SABS).
What Is the Statutory Accident Benefits Schedule?
The Statutory Accident Benefits Schedule (SABS) is part of Ontario’s Insurance Act. SABS determines how much an accident victim can receive after a car accident if their injuries fall within the definitions of a “minor injury” in the Minor Injury Guideline. Generally, the guideline limits the payment for minor injuries to $2,200, although an accident victim could qualify for an extension up to a maximum of $3,500.
The purpose of the Minor Injury Guideline is to provide speedy access to medical treatment after a minor injury and better use of health care resources. The guide also provides certainty for regulated health professionals and insurers regarding payment for treatment of minor injuries. Allows individuals with minor injuries to seek immediate treatment without waiting for an insurer’s approval.
What Is the Definition of a Minor Injury According to the Minor Injury Guideline?
The Minor Injury Guideline (MIG) applies to minor injuries typically treated within a 12-week period. The Guide defines the cost of procedures and medical care that should be paid for minor injuries. Minor injuries included in the MIG are:
- Abrasions
- Strains and sprains
- Lacerations
- Whiplash associated disorder
- Contusions
- Clinically associated injuries or other health complaints that arise because of the initial injury
- Subluxation (i.e., when a joint begins to dislocate)
If your injury does not fall within this narrow definition, you are not required to follow the procedures in the Minor Injury Guideline. Examples of injuries that could result in a personal injury settlement include broken bones, traumatic brain injury, internal organ damage, amputations, and other severe injuries.
If you sustain a severe injury, you may receive pecuniary damages for your monetary losses and expenses. You can also recover non-pecuniary damages for your pain and suffering. Talk with a car accident lawyer to determine whether your injuries qualify for a liability claim against an at-fault driver.
Treatment Procedures Adopted by the Minor Injury Guideline
The Minor Injury Guideline describes a 12-week treatment structure for minor car accident injuries. The 12 weeks are divided into three sections of four weeks each. The Guideline outlines the course of treatment, but doctors can recommend therapeutic devices and supplementary treatment. However, the total amount for minor injuries is $3,500.
Understanding how your extended health benefits impact a minor injury car accident claim is essential. You must use extended health benefits before accessing funds under the MIG. However, the amount paid by extended health benefits is not deducted from the maximum $3,500 payment under MIG.
Can I Challenge the Minor Injury Guidelines for a Car Accident in Hamilton, ON?
It can be frustrating when a car accident injury is defined as minor when it is more severe. Because your injury is defined as minor, you are limited to the amount you can receive for medical treatment. You are also not permitted to seek compensation for pain and suffering.
However, you can challenge the classification of your injury as a minor injury. You must prove that your injury falls outside of the minor classification. It requires medical evidence and may not be an easy battle. However, proving your accident injury is a non-MIG injury means the difference between $3,500 and up to $65,000 in benefits.
What Should I Do if I Believe My Car Accident Injury Is More Severe?
It is crucial that you seek prompt medical treatment after a car accident in Hamilton, ON. Documenting your injuries through medical evidence can help you challenge a MIG classification. Also, delays in medical treatment can call into question whether the crash caused your injuries and the severity of the injury.
An insurance company may classify your injury as minor to limit the amount they are required to pay for treatment. Limiting your treatment could impact your recovery.
As soon as possible, talk with a lawyer about your case. A lawyer understands the laws and the requirements for proving that a case falls outside the Minor Injury Guideline. A lawyer works with doctors and medical specialists to gather the evidence to prove your injuries are outside the definition of a “minor injury.”
Learn More About Personal Injury Claims During a Free Consultation
Call Findlay Personal Injury Lawyers to schedule a free case evaluation with one of our experienced Hamilton personal injury lawyers. We assist clients with all types of personal injury cases. We will evaluate your claim and discuss your legal options, including seeking to remove your injury from the Minor Injury Guideline.
Contact Our Personal Injury Law Firm in Ontario, Canada
If you need legal help with a personal injury case, contact the team at Findlay Personal Injury Lawyers to schedule a free initial consultation today.
Findlay Personal Injury Lawyers – Hamilton, ON
20 Hughson St S #510, Hamilton, ON L8N 2A1
(905) 522-9799
Findlay Personal Injury Lawyers – Brantford, ON
325 West St #102a, Brantford, ON N3R 3V6
(226) 401-5433
Findlay Personal Injury Lawyers – Burlington, ON
2349 Fairview St, Burlington, ON L7R 2E3
(289) 512-0829
Findlay Personal Injury Lawyers – St Catharines, ON
55 King St Suite 207, St. Catharines, ON L2R 3H5
(289) 301-9496
