The cap for minor injury compensation claims in Alberta has been updated for 2021
With a new year comes an adjustment to Alberta’s minor injury cap. Wondering what this means for you? Here’s a little backstory. Back in 2004, the government limited or “capped” the amount of money that an injured car accident victim can receive for certain minor injuries. Alberta’s Minor Injury Regulation (MIR) regulates the limit for the cap. Every year, the cap is adjusted for inflation by the Superintendent of Insurance. The cap was originally set at $4000 when the Minor Injury Regulation came into effect on October 1, 2004. This law adjusts the cap each year for inflation. As of 2021, the cap is now set at $5,365 (a 1.3% increase from 2020). If your claim is already in progress, chances are these changes to the cap will not impact you. Compensation for pain and suffering from your injuries is based on the amount the cap was set at for the year of your accident.
Here’s a handy table of the cap amounts since 2004:
2004 – 2006 | $4000 |
2007 | $4144 |
2008 | $4339 |
2009 | $4505 |
2010 | $4518 |
2011 | $4559 |
2012 | $4641 |
2013 | $4725 |
2014 | $4777 |
2015 | $4892 |
2016 | $4956 |
2017 | $5020 |
2018 | $5080 |
2019 | $5202 |
2020 | $5296 |
2021 | $5365 |
Want to learn more about the cap?
Is your claim is capped?
This isn’t the type of question that a simple Google search or article can answer. A number of things need to be taken into consideration. The extent of your injuries, your medical history, and the opinions of your medical providers are all factors that determine whether or not certain minor injuries will be capped. It’s important – like several thousands of dollars in your pocket kind of important – to never assume that your injuries fall under the cap without first talking to a lawyer. Albertan’s who believe their claim is capped, or who have been misinformed by an insurance company, are often surprised by the amount of money they’re entitled to, and that we can recover for them. That’s why we’re here. We’ll protect your rights and take care of the complex legal work while you focus on getting back to better. It won’t cost you a thing to speak to one of our experienced Personal Injury lawyers to find out if your claim is capped. And if you do choose us, we don’t get paid until you get paid. Call or email us today for your free consultation, and find out if your claim is capped. We’re standing by, ready to take your call.
I have 2 WCB claims from when I was 19 years old ( 1992 – hurt lower back ) and 23 years old ( 1996 – I broke my neck ). I have had problems for the past year and a half with both. In Dec. of 2020 I went for help at the hospital because I experienced partial paralysis in my left arm and severe lower back pain. I have both claim numbers if you need them.
I managed to get on an Alberta Medical Plan with the help of FCSS here in Valleyview, AB. The administrators of this medical plan badgered me into checking with WCB about my claims. When I broke my neck, WCB told me that if I had problems at any time in my life I would be covered. Their biggest issue is I didn’t whine enough to my doctors about the injuries over the years.
I filled out the WCB forms and waited for months while in dire need of assistance. I got a verbal response May 28/20 denying both claims. My contention with this decision is that the injuries are SPINAL injuries. They don’t just go away.
I have only gotten X-rays for the spinal injury where a CT scan is required. There has to be a bone spur or some other complication pinching the nerve. I am on Gabepentin and Naproxen. The doses have been incrementally increased this year. My left arm only started working ( with limited range and function ) in the past three months. My lower back is so bad I can hardly stand driving within the confines of town.
Can you please tell me what can be done? Once this issue has been discussed I can mention another possible case.
Please just email me, my long distance phone rates are unbelievably high.
Hi Ryan, We are very sorry to hear this has happened to you. We will reach out to you via email. If you do not receive our email you are more than welcome to call us Toll Free at 1-866-548-9464.