If you are involved in a car accident, depending on the nature of your injuries, a number of benefits may be available from your insurer.
The following outlines the different benefits available:
Income Replacement Benefits (IRBs)
- You were employed at the time of the car accident, and within 104 weeks after the accident, as a result of the accident, suffer a substantial inability to perform the essential tasks of your pre-accident job; or
- You were not employed at the time of the accident, but had been employed for 26 weeks in the year prior to the accident; or
- You were receiving benefits under the Employment Insurance Act; or
- You were self-employed and suffer a substantial inability to perform the essential tasks of your self-employment
IRBs are paid weekly, and amount to 70 percent of your gross income, to a maximum of $400 per week.
For example, if you worked in construction at the time of the accident, and your injuries prevent you from working. You would likely suffer a substantial inability to perform the tasks of your pre-accident job and would be entitled to the loss of income benefits.
Non-Earner Benefits (NEBs)
- You suffer a complete inability to carry on normal life, in the 104 weeks after the accident; and
- You do not qualify for IRBs, or elect not to receive IRBs; or
- You were enrolled in full-time school at the time of the accident or completed school within the year prior to the accident
NEB payments are $185 per week, less other income replacement assistance
If, for example, at the time of the accident you were enrolled full-time in post-secondary school, and can no longer engage in the activities you participated in pre-accident, and cannot carry on normal life or normal activities, you would likely be eligible for NEBs.
- You provided caregiving services at the time of the accident; and
- Sustained catastrophic impairment as a result of the accident; and
- Within 104 weeks of the accident, is substantially unable to provide caregiving services that they were providing at the time of the accident.
The caregiver benefit is to a maximum of $250.00 per week for the first person in need of care, and $50.00 per week for any other person in need of care.
Caregiver benefits are not available if you, as the injured person, chose to receive IRBs or NEBs.
If, for example, at the time of the accident you were the primary caregiver for your two, dependent children, and sustain catastrophic impairment in the accident, that prevents you from caring for your children, you may be eligible for caregiving benefits.
However, if you were eligible for, and elected to receive IRBs, you would not be entitled to caregiver benefits.
Medical, Rehabilitation, and Attendant Care Benefit
Insurers will pay medical and rehabilitation benefits, where the expenses are considered reasonable and necessary, and where the insured would otherwise pay out-of-pocket.
Medical expenses include surgical costs, dental costs, eyewear, mobility devices and orthotics, and many more.
Rehabilitation benefits cover expenses incurred for activities such as life skills training, counseling, or home devices.
Attendant care benefits cover reasonable and necessary costs incurred if the insured, due to injuries sustained in the accident, requires an attendant or aide.
The amount of each benefit depends on the classification of the severity of your injuries.
These benefits can include:
- Compensation for lost educational expenses (up to $15,000.00);
- Visitor expenses
- Reasonable and necessary housekeeping and home maintenance costs, if the insured is substantially unable to perform these tasks (up to $100.00 per week), subject to exclusions.
Death and Funeral Benefits
In the following circumstances, insurers must pay a death benefit:
- If their insured dies within 180 days after the accident;
- If their insured dies within 156 weeks after the accident, if the insured was disabled due to the accident, throughout the entire duration of that period
The insurer is also required to pay a funeral benefit for an insured who dies as a result of an accident.
A spouse is entitled to a death benefit of $25,000.00 and dependents of the deceased insured are entitled to $10,000.00 each.
The funeral benefit is up to $6000.00.
A Complex System
Negotiating the many types of benefits available, and their surrounding rules can be complicated. Our lawyers have significant experience dealing with these sorts of claims.
If you have been injured in a car crash, we can help determine your entitlement to benefits.
If you are determined to sustain Catastrophic Impairment as a result of a car accident, bicycle accident, motorcycle accident, or pedestrian accident, the benefits increase to $1 Million dollars for medical, rehabilitation and attendant care benefits.