I have been involved in a car accident in Ontario. Am I entitled to income replacement benefits?

Sep 24, 2018 | Legal Article

Rachelle Mitri

Personal Injury Lawyer

Being involved in a car accident can be a stressful and painful experience. Uncertainty about the future, and what this means for a victim and their family can be very distressing. A common concern is what will happen when someone is injured so seriously that they cannot work, or are unable to work in the same manner they were working, prior to an accident.

I have been involved in a car accident in Ontario. Am I entitled to income replacement benefits?

The governing regulation that applies is the Statutory Accident Benefits Schedule. It stipulates what benefits can be received by victims whose injuries have significantly impaired their ability to work. These are commonly referred to as Income Replacement Benefits (IRB), and they assist a victim in receiving lost wages. To be entitled to IRBs, there are a few qualifiers that must be met.

First, a victim’s injuries have to be so serious in nature that work capabilities are substantially affected, and those injuries have to be established as a consequence of the accident. It is imperative to note that both physical and emotional injuries are considered. In addition, potential applicants for IRB must have been working at the time of the accident, or have worked 26 weeks in the year prior to the accident.

After an application is approved, a victim may receive benefits after the first seven days after an accident. The payments cover only a portion of weekly income. There is typically a $400 maximum dispensed per week under a standard policy, and this maximum may be received for up to 104 weeks after the approval of application. Added coverage will provide up to $1,000/week. The available cap is often limited. Any shortfall in income received is recoverable through the tort law suit against the at-fault motorist and their insurer.

In order to have a more comprehensive understanding of Income Replacement Benefits and guidance as to what happens when these benefits run out or are insufficient, feel free to contact our lawyers at Grillo Barristers P.C. in Toronto, who can help you navigate this complicated process. We will advocate for you to receive what is fair, and just.

courtland holder
courtland holder
14:27 12 Feb 18
My wife & I had the pleasure of working with Alexander Lee and Ikbir Khongura. They were excellent in research and information, They both were on time and ready.. very professional and determined to get the best results for us. They worked very hard and made sure we as clients were comfortable, happy and well taken care of! Most importantly they are fighters, they made sure our best interest were put first and our needs were met. A lot of lawyers don't really care, but they made sure justice was served! They did an amazing job in taking care of us and will be recommending their services!
Luci S.
Luci S.
21:46 08 Dec 17
From the moment Grillo Barristers took on my case, until I was able to come to my desired settlement, they have been nothing but amazing, caring and professional. I had an amazing team working on my case, and couldn't believe how well and timely my file was handled. My lawyer Anthony Andreopoulos, with the tremendous help of Justine and Zachary, constantly kept me updated with every action that was taken on the file and made me feel at ease knowing my case was in good hands. I couldn't have asked for a better firm to handle my file, so thank you guys so much for everything, I appreciate it more than you know!
Jan MacMillan
Jan MacMillan
23:28 05 Feb 18
I worked with Rachelle Mitri and her team and I found the company in general and Rachelle in particular to be extremely professional, while being nice people to work with. Ms. Mitri kept me informed of my case. And guided me through an unfamiliar system with great diligence. I always felt valued and respected. Great Lawyers !
Theresa Dea
Theresa Dea
23:10 19 Dec 17
It's unbelievable how long it takes for the insurance companies to settle. They live by the fact that they can outlast you! Don't give up! Hang in there! Stefanie and her team worked hard and did an excellent job. I received the best settlement available!!!
Patrick k
Patrick k
19:13 07 Dec 17
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