Just because you have been ‘diagnosed’ or ‘described’ as a Whiplash 1 or 2 (also known as ‘WAD’ 1 or 2) does NOT mean that your injury claim fall under the Minor Injury Regulation (also known as the ‘Cap).
The description of your injuries as a WAD 1 or 2 is the first impression that your treatment provider may have had.
If you have any numbness or tingling in your fingers, arms, legs or feet, be sure to identify that to your treatment providers. These are signs that your injuries are not WAD 1 or 2 (and will not fall under the Cap). Similarly, any clicking or cracking in your jaw, or ringing in your ears would be signs of an injury that would NOT fall under the Cap.
Even if your injuries are described by your treatment provider(s) as WAD 1 or 2 in their treatment charts, if you have any of these symptoms, your injuries would NOT fall under the Cap.
MOST IMPORTANTLY, if your injuries are described as WAD 1 or 2, but you continue to get treatment for more than six months and continue to have chronic pain with activities of daily living and/or doing your job, your injury claim is NOT CAPPED.