When a person is injured in an accident in Ontario and pursues a claim for accident benefits, the insurer will, at some point, make a determination as to the degree of their injury and impairment. An injured person may be found to have a minor injury, a non-catastrophic impairment or a catastrophic impairment. The onus is on the injured person to prove the degree of their impairments.
What category an injured person accesses is critical to the claim as the categories will dictate the degree of eligibility and entitlement to many benefits under the policy. Given this, the injured person, the health care professionals involved, and the personal injury law firm must remain attentive to the categorization of injury.