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

Sep 24, 2018 | Accident Benefits Claims

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 Law P.C. in Toronto, who can help you navigate this complicated process. We will advocate for you to receive what is fair, and just.