Ontario's New Minor Injury Guidelines: An Overview
Posted: Thursday, December 23, 2010
by Brenda Hollingsworth
Auger Hollingsworth
On September 1, 2010, a new insurance framework was put into effect in Ontario. Changes to the province's existing Statutory Accident Benefits Schedule (SABS) identified several injuries as "minor." If you are suffering from any of these "minor" injuries, you are eligible for significantly less insurance compensation than you would have been before September.
Sprains - An injury to tendons or ligaments. Any tear - whether partial or complete - is considered a minor injury under the new SABS.
Strains - An injury to one or more muscles. As with sprains, even a complete tear is considered minor.
Subluxation - Partial - not complete - dislocation of a joint.
Whiplash Associated Disorder - An injury from whiplash that does not appear to have had neurological effects (i.e. brain damage), and has not caused the spine to fracture or dislocate.
If you have been left with one of these injuries following an accident, the maximum amount of insurance benefits you are eligible to receive is $3,500. This figure is tens of thousands of dollars lower than what your maximum benefits would have been when these injuries were not considered "minor" under Ontario's insurance framework.
These benefits are intended to cover your rehabilitative costs including x-rays, physiotherapy, and other services from health practitioners.$3,500 is not a lot of money when you consider that any injury - even those that may seem less serious at first - can unexpectedly become more complicated and more serious after some time has passed. So if your whiplash injury, for example, suddenly becomes more serious eight months from now, you do not get any additional benefits over your $3,500 limit.
For a select few people, an exception may be granted. If you and your doctor can prove that you have a pre-existing condition making it necessary for you to receive a higher level of treatment for your injury, you may be eligible for benefits that exceed the $3,500 limit.
As an Ottawa personal injury lawyer, I understand the negative effects and stress that any injury can cause, and I take any injury seriously when accident victims approach me for advice. Needless to say, the Ontario government's decision to consider these injuries "minor" will only add to the stress that accident victims deal with.
Have you been injured in an Ontario accident? You are likely eligible for no-fault insurance benefits, and Ottawa personal injury lawyer Brenda Hollingsworth can help you make your claim to receive them. To read more about Brenda, or to schedule an appointment with her, visit http://www.personalinjuryottawa.ca or call 613 233-4529. Our initial consulation is always free..
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