WHAT IS THE “CAP”?
In 2004, the Alberta government passed the Minor Injury Regulation, which capped damages for pain and suffering for certain so-called “minor injuries” caused by a motor vehicle collision.
TMJ Injuries
If you have been involved in a motor vehicle collision, your doctor or dentist may have mentioned TMJ to you. You may have been referred to a TMJ specialist or be undergoing treatment for a TMJ injury. This blog post will explore the different types of TMJ injuries and how they relate to the minor injury “cap”, particularly in light of recent changes to the MIR.
Please note: The information provided on this website does not constitute medical or legal advice and should not be construed as such. The lawyers and staff and Moustarah & Company are not trained medical professionals and do not hold themselves out to be such. If you are suffering from an injury, whether TMJ or otherwise, please contact your doctor or medical care provider.
What is the Temporomandibular Joint?
The temporomandibular joint, or the TMJ, is the joint located on either side of the head, in front of the ears. This joint connects the lower jawbone (the “mandible”) to the temporal bone of the skull. The TMJ is a flexible joint and is responsible for controlling jaw movements during chewing, talking and yawning.
To learn more about the TM joint and TM joint disorders, click here to visit the Canadian Dental Association‘s page on TMJ.
Types of TMJ Injuries
According to a 2017 publication by the
U.S. National Institute of Dental and Craniofacial Research and the Office of Research on Women’s Health
The “Cap” on Minor Injuries
What is the cap and where does it come from?
The Minor Injury Regulation, introduced in 2004 by the Alberta Government, limits compensation for less severe injuries on non-pecuniary general damages (pain and suffering). The regulation places a “cap” on how much an injured person with minor injuries can potentially recover in general damages.
What type of injuries are capped?
The Minor Injury Regulation applies to injuries caused by accidents involving automobiles.
The compensation that can be claimed for pain and suffering as a result of minor injuries is limited by the cap. Minor injuries include soft tissue injuries (such as some strains, sprains, and whiplash associated disorders), some TMJ injuries, and some psychological conditions or symptoms arising from sprains, strains or whiplash injuries. A soft tissue injury includes damage to the muscles, ligaments and tendons throughout the body that do not affect a person’s employment, leisure or other activities on a long-term basis.
The Minor Injury Regulation does not place a cap on compensation for medical expenses, loss of housekeeping capacity, cost of care, or lost wages.
How much is the cap?
The cap was originally $4,000 but has increased yearly to account for inflation. The 2017 cap was just over $5,000. The 2018 cap is $5,080.
This means that if you are
involved in a motor vehicle accident
Changes to the Minor Injury Regulation
On May 17, 2018, the Government of Alberta announced new changes to the Minor Injury Regulation that will have an impact on motor vehicle accident claims.
The Order in Council can be found here.
The Minor Injury Regulation has a significant effect on the quantum of damages for persons injured in motor vehicle accidents, as it sets out the “cap” for “minor injuries”.
To determine how these changes to the Minor Injury Regulation may impact your personal injury claim, contact a personal injury lawyer.
The information provided on this website does not constitute legal advice and should not be construed as such. Moustarah & Company does not guarantee that this information is accurate or up to date. As a result, should you require legal advice, please contact a lawyer.