A fairly common misconception is that once your treatment provider says that you have ‘soft tissue’ injuries or classifies your injuries as a ‘WAD (which stands for ‘Whiplash Associated Disorder’) 1 or 2, any injury claim you might make will be ‘capped’ at $4,000.
Nothing could be further from the truth.
The reality is that whether or not your injuries are ‘capped’ at $4,000 depends upon the level to which your injuries impact your day-to-day activities and your ability to do all of your job, and NOT upon whether they are ‘soft tissue’ injuries or not.
During the first 6 months after your accident, it is important that you ‘educate’ your treatment providers on how your injuries are impacting your ability to do normal day-to-day activities and how you might be modifying your workplace or having others help you at work.
If, after 6 months, your injuries continue to prevent you from doing all of your normal activities or from doing all of your employment duties, there is a good chance that you are suffering from chronic pain. In that case, your claim is NOT limited to the $4,000 ‘cap’ and you should seek legal advice.