The Minor Injury Guideline (MIG) in Plain English
And How You Get Taken Out of It
By Jeffrey J. Moorley, Partner
White Macgillivray Lester LLP • Thunder Bay, Ontario
We Get the North.
If you’ve been hurt in a car accident in Ontario, your insurance company has probably already told you that your injuries are “minor.” Maybe they said it in a letter. Maybe a claims adjuster mentioned it on the phone. Either way, you’ve been placed into something called the Minor Injury Guideline—the MIG—and that designation has real consequences for the treatment you can access and the benefits you’re entitled to receive.
This post explains what the MIG actually is, why it matters, and—most importantly—how people get taken out of it when the “minor” label doesn’t fit their situation.
What Is the MIG?
The Minor Injury Guideline is a set of rules under Ontario’s Statutory Accident Benefits Schedule (SABS). It was introduced to create a streamlined treatment pathway for people whose injuries are considered “minor” and to keep insurance costs predictable.
Here’s what that means in practice: if your insurer classifies your injuries as falling within the MIG, your medical and rehabilitation benefits are capped at $3,500. That’s the total. Physiotherapy, chiropractic treatment, diagnostic imaging, specialist assessments—it all has to come out of that $3,500.
Compare that to someone whose injuries are classified as non-MIG: they can access up to $65,000 in combined medical, rehabilitation, and attendant care benefits. For catastrophic injuries, the limit rises to $1,000,000. The gap between $3,500 and $65,000 is enormous, and it can be the difference between getting the care you need and paying out of pocket for treatment your body requires.
What Counts as a “Minor Injury”?
Under the SABS, a “minor injury” is defined as one or more of the following:
- A sprain
- A strain
- A whiplash-associated disorder (WAD I or WAD II)
- A contusion (bruise)
- An abrasion or laceration
- A subluxation (partial dislocation)
The definition also includes any “clinically associated sequelae”—meaning symptoms that flow from those injuries, like headaches related to a whiplash strain, or stiffness that follows a soft-tissue contusion.
Notice what’s not on the list: fractures, concussions, disc herniations, torn ligaments, and psychological injuries like PTSD, anxiety, or depression. These are all injuries that should take you outside the MIG—but insurers don’t always see it that way.
How Does the MIG Treatment Pathway Work?
The MIG lays out a 12-week treatment framework. The idea is that if your injury is truly minor, a focused course of rehabilitation should get you back on your feet within about three months. Treatment doesn’t require pre-approval from your insurer, which is meant to speed things up.
One important detail many people miss: if you have extended health benefits through your employer or a private plan, you’re required to access those first. The good news is that amounts paid by your extended health plan aren’t deducted from the $3,500 MIG cap.
How Do You Get Taken Out of the MIG?
This is the question that matters most. The MIG is the default classification for soft-tissue injuries. Insurers apply it early—often based on an emergency room visit or an initial doctor’s report that doesn’t capture the full picture. But being placed in the MIG isn’t the final word. There are several recognized paths out.
1. Your Injury Isn’t Actually a “Minor Injury”
The most straightforward exit from the MIG is proving that your injury doesn’t fall within the definition. A bone fracture—anywhere in the body—automatically takes you out, because fractures simply aren’t listed in the MIG definition. The same goes for disc herniations, torn rotator cuffs, torn menisci, and other structural injuries that go beyond soft-tissue strains and sprains.
This path depends on having clear diagnostic evidence. That’s why getting appropriate imaging (X-rays, MRIs, CT scans) early in the process can be critical.
2. You Have a Pre-Existing Condition
Under section 18(2) of the SABS, you can be removed from the MIG if you have a documented pre-existing medical condition that will prevent you from achieving maximum recovery within the $3,500 cap. This might include prior injuries to the same area of your body, arthritis, diabetes, obesity, chronic pain conditions, or other health issues that complicate healing.
The key word here is “documented.” You need medical records from before the accident showing the condition existed, and you need evidence—typically from a treating physician—explaining why that condition will prevent you from getting better within MIG limits. A pre-existing condition alone isn’t enough; you have to connect it to a worse recovery outlook.
3. You Have a Concussion or Traumatic Brain Injury
Concussions and mild traumatic brain injuries are not listed in the MIG definition. The Licence Appeal Tribunal (LAT)—Ontario’s tribunal that resolves accident benefits disputes—has consistently held that a credibly diagnosed concussion can remove someone from the MIG, even when the diagnosis comes from a family physician rather than a specialist. If you’re experiencing persistent headaches, cognitive fog, memory difficulties, light sensitivity, or dizziness after your accident, these symptoms should be taken seriously and documented.
4. You Have a Psychological Impairment
Psychological injuries—anxiety, depression, post-traumatic stress disorder, adjustment disorders—are not mentioned in the MIG at all. The LAT has recognized that where an accident causes or significantly worsens a psychological condition, that person’s injuries go beyond the MIG definition.
This is an area where we see a lot of movement in our practice. Many people who suffer whiplash in a collision also develop anxiety about driving, sleep disturbances, or symptoms of PTSD. These aren’t “minor” problems, and they shouldn’t be treated under a minor injury framework.
5. You Develop Chronic Pain
Chronic pain that persists beyond what’s expected for a simple soft-tissue injury has been recognized by the LAT as a basis for removal from the MIG. Chronic pain is a distinct condition—it’s not just a sprain that hasn’t healed yet. If your pain has continued well beyond the 12-week MIG treatment window and is affecting your daily functioning, work, or quality of life, it may warrant reclassification.
What You Need to Make It Happen
Evidence. That’s the short answer. Getting out of the MIG isn’t about how you feel—it’s about what the medical records show. The burden of proof falls on you, the injured person, to demonstrate that your injuries don’t belong in the MIG. Here’s what makes the difference:
- Seek treatment early and consistently. Gaps in treatment give insurers ammunition to argue you weren’t that hurt.
- Get the right diagnostics. If your doctor suspects something beyond soft tissue, push for imaging. An MRI showing a disc herniation changes the entire conversation.
- Tell your doctors everything. Mention the headaches. Mention the anxiety. Mention the pre-existing back problems from five years ago. Your medical records are the foundation of your case.
- Keep records. Document how your injuries affect your daily life—what you can’t do at work, at home, with your family. Functional impact matters.
- Get a medical opinion that connects the dots. A treating physician or specialist who can clearly explain why your injuries exceed MIG limits is often the most important piece of the puzzle.
Why This Matters for Your Tort Claim Too
Accident benefits and a lawsuit against the at-fault driver are two separate tracks. Being in the MIG doesn’t legally limit what you can recover in a tort claim for pain and suffering or other damages. But as a practical matter, MIG status shapes how the other side perceives your case. If your own insurer says your injuries are minor, the at-fault driver’s insurer will use that against you at the negotiating table.
Getting out of the MIG doesn’t just unlock better treatment funding—it strengthens your overall position.
A Note for Our Clients in Northwestern Ontario
If you live in Thunder Bay or anywhere in the Northwest, you already know that accessing specialists isn’t as simple as booking an appointment across town. MRI wait times are longer. Specialist referrals often mean travelling to Toronto, London, or Sudbury. These realities make the $3,500 MIG cap even more restrictive for people in our region, because a significant portion of that money can be eaten up by travel and logistics before you’ve even started meaningful treatment.
We understand these challenges because we live here too. When we advocate for a client’s removal from the MIG, we make sure the evidence reflects the reality of recovering from an injury in the North—not downtown Toronto.
The Bottom Line
Being placed in the MIG is not the end of the story. It’s a starting point—and for many people, it’s the wrong starting point. If you’ve been in an accident and your insurer has told you your injuries are “minor,” it’s worth having a conversation with a personal injury lawyer who can look at your medical records and tell you whether there’s a path to better benefits and better care.
If you have questions about a winter highway collision in Northwestern Ontario, you can contact our office for a free and confidential discussion about the circumstances and available options, 807-344-1000, or tell us your story here.
Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Every case is different. If you have been injured in an accident, please consult with a qualified personal injury lawyer to discuss your specific circumstances.