January 8, 2024 from CAM LLP
Getting to grips with a number of rules, such as the Minor Injury Cap (MIC) and the Minor Injury Regulation (MIR), is necessary when navigating the terrain of motor vehicle accident (MVA) claims in Alberta.
The Update from MIC
The maximum compensation for mild injuries increased from $5,817 to $6,061 on January 1, 2024, as part of a recent modification to the MIC. The Superintendent of Insurance Interpretation Bulletin 09-2023, which set the yearly 4.2% rise, is a reflection of continuous efforts to match pay with economic conditions.
Since its establishment in 2004, the MIR has been essential in controlling the payment of damages for minor injuries suffered in motor vehicle accidents. The cap, which was initially set at $4,000, has been increased to reflect inflation. Notably, a more comprehensive understanding of the effects of injuries led to the definition of “minor injury” being expanded in 2020 to include a wider variety of conditions stemming from accident. In previous years, a “minor injury” was restricted to cover sprains, strains, or Whiplas-associated distorder injuries which doesn’t cause serious impairment.
The cap’s increase was intended to increase injuries covered, however, not all soft tissue injuries are minor. The MIC frequently covers soft tissue injuries, such as sprains, strains, and problems linked to whiplash. It’s important to understand, though, that not all soft tissue injuries are covered by the cap. The cap may not apply to injuries that result in a “serious impairment,” which is defined as a major impact on everyday activities and work capacities without a discernible improvement following the accident.
Determining if an injury is “minor” or not is dependent on the evidence applicable to said injury. Evidence plays a crucial roll as an injury that may seem minor at first, could result in further long term complications.
It is important to understand that not all injuries fall into the nice little box of “minor.” The evidence at hand may determine the distinction, which emphasizes the need for careful evaluations. At Western Medical Assessments, we understand the significance of providing accurate and comprehensive Independent Medical Examinations (IMEs) to MVA insurers. By meticulously evaluating the evidence and shedding light on the true extent of injuries, we empower insurers to make informed decisions and ensure that claimants receive the compensation they rightfully deserve. Evidence is essential to fairness and just compensation in the context of MVA claims; it is not merely a formality.
=================================================================
Considering an IME or document review to resolve an insurance claim, legal file, or workplace health and safety issue?
Our specialists provide evidence-based opinions, so get in touch with Western Medical today to learn more about our services.