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Psychological Injuries After an Ontario Accident: What You Are Entitled To

Anxiety, depression, and PTSD following an Ontario accident are recognized injuries under SABS. Many claimants with psychological impacts do not realize they can claim beyond the MIG.

Medical Benefits·5 min read
Trust & transparency: This article is for general information only and is not legal advice. Ontario Accident Review is not a law firm and does not provide legal advice.

After an accident, physical injuries are usually the first concern. But for many Ontario accident victims, the psychological impact — anxiety, depression, post-traumatic stress, fear of driving, disrupted sleep — is as debilitating as any physical injury. Ontario's accident benefits system recognizes psychological injuries, but many claimants never pursue them.

Psychological Injuries Can Fall Outside the MIG

The Minor Injury Guideline (MIG) applies to specific physical soft-tissue injuries. It does not apply to psychological injuries. If you have developed a diagnosed psychological condition as a result of the accident — such as PTSD, major depressive disorder, or anxiety disorder — your claim may be entitled to fall outside the MIG's $3,500 treatment cap.

This is significant: if the only reason you're in the MIG is a physical soft-tissue injury, but you also have a psychological injury, you may be able to argue removal from the MIG on those grounds.

What Counts as a Psychological Injury

  • Post-traumatic stress disorder (PTSD)
  • Major depressive disorder
  • Generalized anxiety disorder
  • Adjustment disorder
  • Panic disorder
  • Chronic pain with psychological overlay

What Evidence You Need

  • A diagnosis from a treating psychologist, psychiatrist, or family physician
  • Treatment records showing the psychological condition and its link to the accident
  • Functional capacity evidence showing how the condition limits daily activities

Treatment Benefits for Psychological Injuries

Under SABS, medical and rehabilitation benefits cover psychological treatment — including psychotherapy, counselling, and psychiatric assessment. If your injury falls outside the MIG, the standard non-catastrophic treatment limit applies, which is substantially higher than the MIG cap.

Psychological Injuries and the Tort Threshold

Serious psychological injuries — particularly PTSD that causes permanent functional impairment — can also meet Ontario's tort threshold, allowing a claim for pain and suffering against the at-fault driver. Courts have increasingly recognized psychological impairment as meeting the 'serious and permanent' standard.

If you are dealing with psychological impacts from an accident and your claim has been limited to MIG coverage, a free review can help assess whether your situation may warrant a different treatment.

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