Any worker can have a non-work related injury as a result of an accident, vehicular or otherwise.
Personal injuries could change their circumstances, specifically their ability to work which would result in lost earnings.
What can you do if you or a loved one suffers a personal injury or a motor vehicle accident that is not work-related?
Ontario offers Statutory Accident Benefits Schedule to give financial relief for car accident victims who are unable to work due to injuries. It is offered through a settlement as income replacement benefits.
Find out what other financial remedies or benefits you can obtain to help you through this difficult time.
Read on to learn more about personal injury law in Ontario or reach out to personal injury lawyers from the JuriGo network!
Just fill out our free online form with no obligation and connect with top personal injury lawyers near you.
What are income replacement benefits?
The Statutory Accident Benefits Schedule offers financial assistance for car accident victims who are unable to work due to injuries.
Also called SABS, this protection is included in every motor vehicle insurance policy in the province . As a mandatory, no-fault insurance coverage, it provides accident benefits to those injured in a vehicular accident, regardless of who is at fault.
Because the statutory benefits are included even in basic motor vehicle liability policies, individuals who are injured can claim benefits for expenses and losses. Covered expenses include medical costs not under OHIP, caregiver costs, and lost wages.
The income replacement benefits for victims with accident-related injuries can be obtained if you cannot work at the same level before the accident. The disability can be physical like back pain or emotional such as post-traumatic stress disorder.
SABS provisions are regularly updated. Consult an experienced car accident lawyer in Ontario to help you with your claim.
Eligibility Requirements for Income Replacement Benefits
Several criteria are required to be eligible for Ontario Income Replacement Benefits . Your injury must be serious enough that you cannot work in the same manner you did before the accident.
If you don’t meet all the criteria, non-earner benefits are also possible.
The income replacement benefit from Ontario car insurance coverage provides a weekly payment for car accident victims who are unable to work. The standard benefit in Ontario is 70% of your gross income up to a maximum of $400.
This benefit is paid bi-weekly and begins 7 days after the date of your accident.
Anyone earning more than $30,000 will max out the statutory benefit at $400.
Maximize personal injury and disability benefits available to you.
Talk to an Ontario disability lawyer from JuriGo by filling out our short online form.
Other Benefits and Deductions
Generally, the amount you receive in past or future lost income damages due to motor vehicle accidents will be reduced by income from other sources.
The person responsible for paying damages can deduct other benefit amounts from the amount of your lost future or past income such as:
- Short and long-term disability benefits;
- Canadian Pension Plan
- Income Replacement Benefits
Ideally, you must claim lost income replacement from a disability insurance policy that you own. Finally, you can file a claim with your car insurance carrier.
For falls or slips, the negligent party may receive credit for income you obtain from other sources but only under specific circumstances.
Your personal injury lawyer can help you determine what circumstances can affect your compensation claim.
How long do Income Replacement Benefits last after an injury?
You can receive the maximum income replacement benefits up to 104 weeks after your disability. After 104 weeks, you can get a minimum benefit every week of $185 as long as you still meet the qualifications for disability. Your lost wages are not covered in the first 7 days of disability .
It is not difficult to calculate damages for past lost income when filing a claim. The more challenging calculation is the amount for future income losses as in many cases, the party paying damages and the accident victim tend to disagree.
Oftentimes, an expert is called upon to assess the potential future income, particularly for younger workers who become disabled and potentially lose the ability to work for a lifetime.
SABS Benefit – What can you claim?
Statutory Accident Benefits compensate persons injured in a car accident without regard for liability. Since a car accident victim can suffer major health consequences and financial damages, what does SABS cover?
The types of SABS benefits
Medical, Rehabilitation, and Attendant Care Benefits
Medical treatment and physical rehabilitation must be prioritized after an accident . With SABS, victims can get medical and rehabilitation benefits for their recovery.
This benefit includes surgery, physiotherapy, medicines, medical equipment such as wheelchairs and prosthetics, etc.
For persons who suffer serious or catastrophic injuries, attendant care benefits are also covered including long-term aid.
At present, the combined benefits are:
-
Catastrophic injuries: Maximum of $1,000,000
-
Non-catastrophic injuries: Maximum of $65,000
-
For individuals with minor injuries, the maximum combined benefits amount to $3,500.
It is possible to buy extra coverage for rehabilitation and medical benefits at an additional cost:
-
Catastrophic injuries: up to $2 Million
-
Non-catastrophic injuries: up to $130,000
It is natural for insurance companies to try to minimize the amount of compensation they have to pay victims to protect their bottom line.
For this reason, you should work with a qualified car accident or personal injury lawyer in Ontario to ensure you get the highest possible benefits from SABS.
Income Replacement, Non-Earner, and Caregiver Benefits
Car accident injuries can restrict or prevent a person from earning a living. If you were employed before your accident, you may be entitled to income replacement benefits. Your injury must be severe enough to prevent you from performing your previous duties at work.
Income replacement benefits are capped at $400 a week. After 2 years, you can continue to receive the benefit only if you cannot take on other jobs based on your skills because of your injury.
In case your injury prevents you from having a normal lifestyle and you don’t qualify for income replacement benefits, you can still get non-earner benefits of $185 per week.
Caregiver benefitsare intended for injured persons who require a caregiver to look after dependent children or elderly parents. These benefits are generally given to victims who suffered catastrophic injuries. The amount is capped at $250 a week for the first dependent and $50 for each additional dependent.
Death / Funeral Costs
If a loved one dies in a car accident, death benefits and funeral costs can be obtained in lump sum:
-
$25,000 for the spouse
-
$10,000 for each dependent
-
Maximum of $6,000 for funeral expenses
You have the option to increase the amount of the death and funeral benefits for a higher price:
-
$50,000 for the spouse
-
$20,000 for each dependent
-
Maximum of $8,000 for funeral expenses
Miscellaneous Expenses
SABS can provide additional benefits, depending on your circumstances. These additional benefits are;
- Expenses for visitors
- Examination costs
- Lost educational expenses
- Damages to personal belongings, including medical devices
- Housekeeping and home maintenance expenses
As you can see, SABS benefits can greatly ease the financial burden after a car accident and help you on your journey to recovery.
How to apply for Statutory Accident Benefits
We hope that you now have a better understanding of Statutory Accident Benefits in Ontario. The next step is to apply for the benefits you qualify to receive from your car insurance company or the insured car involved.
Inform your car insurance company within 7 days after your accident and accomplish the OCF-2 form. You need to submit this within 30 days or you could become ineligible for benefits.
Complete the application form accurately and provide supporting medical documents within the time limit to get maximum benefits.
Work with a personal injury lawyer from the start of the application process to prevent delays or a reduction of your compensation.
Get valuable legal advice from the experts of personal injury and motor vehicle accident law in Ontario today using our short online form!
Non-work-related personal injury in Ontario
Most people are aware that injuries that occur at the workplace are covered by workers’ compensation.
But what happens if you suffer a non-work related injury and cannot perform your work in Ontario?
The WSIB pays compensation for injuries only within the scope of work. For non-work-related accidents that prevent a worker from returning to work due to injury, WSIB benefits can be suspended or reduced until he or she can undergo treatment for the work-related injury.
In short, benefits are only paid by WSIB for work-related impairment. If the worker has no work-related injury**, his benefits cease.**
If you can still work despite your injury, the Ontario Human Rights Code protects employees who have a “disability”, including non-work related injuries. The employer has a duty to accommodate your disability. This simply means the employer must do everything reasonable to allow you to still do your job in a productive manner despite your disability.
The Code also offers protection from termination if you request accommodation from your employer.
The Right to Return to Work
Any employee has the right to return to his job if he still has the ability to perform essential duties with accommodation from the employer.
If the employee cannot perform essential duties despite employer accommodation, the right to return to work ceases.
Filing a Personal Injury Lawsuit
In any personal injury lawsuit, you must prove that the defendant is liable for your injury . This means showing that the other person was negligent or at fault for the accident. Liability can be established in several ways but proving negligence is the most common method.
A plaintiff can choose to file a personal injury lawsuit to make the person responsible for the injury accountable by claiming compensation for damages.
The civil lawsuit process in Ontario can take time but personal injury lawyers from the JuriGo network will fight for your case.
A lawsuit has many stages but it can also reach a settlement to avoid a lengthy and expensive court process.
Starting a Civil Claim with a personal injury lawyer
You must be aware of the time limits regarding your case. You may lose the right to sue if you wait too long.
Ontario law has established restrictions on when you can start a lawsuit . Some timelines are rather short. It is important to consult a lawyer as soon as possible to protect your right to sue.
What to do after a car accident
- Inform the defendant within120 days in writing of intent to sue
- File a case against the at-fault driver within2 years of the accident
- Inform the insurer of the accident within7 days
- Complete the accident benefits application within30 days
- Sue accident benefits insurer within2 years if benefits are denied
A Fall or Slip on City Property
- Report the accident to the City in writing within7 days
- Start a lawsuit until 2 years from the date of the accident
Assault victims
- Start a lawsuit within2 years of the assault
Sexual Assault victims
According to Section 16(1)(h) of Ontario’s Limitations Act, there isno limitation periodfor a proceeding based on a sexual assault.
Time is critical following a car accident or an incident . Don’t delay in finding the best personal injury lawyer to represent you!
Fill out the short online form on this page and get connected to the best lawyers in your area!
Why hire a personal injury or car accident lawyer in Ontario?
Personal injury from a car accident or a fall can cause much anxiety . You need to worry about recovery and medical bills, along with work and family. You must also figure out if you need to hire a personal injury lawyer in Ontario.
A personal injury lawyer can help significantly with your recovery process by identifying the opportunities and resources open to you.
When is the right time to consult a lawyer?
In general, you must get in touch with a lawyer after you get injured on private or public property.
If you slip or fall or got hurt in a car accident, you can exercise certain rights that protect you.
By reaching out to an experienced personal injury lawyer at the soonest time possible, you can have peace of mind. He will be looking after your best interests.
Are you uncertain if you can get compensation?
If you feel uncertain whether you can get compensation or if you are eligible, contact a personal injury lawyer.
He will examine the circumstances of your injury and determine the compensation you can obtain. He will look for opportunities to claim damages, lost wages, loss of property, and other expenses. He will also help you determine who to file a claim from in a civil lawsuit.
The compensation you qualify to receive depends on:
-
Whether or not you are partly responsible for the accident
-
The severity of your injuries
-
Your prognosis
-
Your income before the accident
-
The cost of medical expenses, rehabilitation, and other expenses
-
Your age
-
Compensation from other sources such as insurance policy, Canadian Pension Plan, Ontario Disability Support Program (ODSP), extended health benefits, and long-term disability payments.
Consult a personal injury lawyer to obtain the highest possible settlement for your injuries and losses!
Just fill out the short online form on this page, free of charge and no obligation.