How do I get Replacement Benefits When I’ve been in a Car Accident and Can’t Work?
Let’s face it; we all count on that pay cheque coming in. If someone is seriously injured in a motor vehicle accident and the victim is unable to work and their income in compromised, it is imperative that the victim receives the income replacement benefits they are entitled, under Ontario’s no-fault policy. This may be easier said than done. Successfully obtaining immediate and long term benefits requires significant legal expertise. A personal injury lawyer will also be able to help you through some of the requirements or expectations by having an understanding of an individual’s employment and training history.
Prior to seeking compensation from an at-fault party, the victim is required to apply for disability benefits through their employer or from the holders of a short or long term disability policy they may have access to. In general, the next step will be to apply for income replacement benefits from their no-fault insurance company.
An injured person may be entitled to Income Replacement Benefits under the Statutory Accident Benefit Schedule (SABS). Following the accident, for the first 104 weeks, as dictated by the SABS, the person must establish “a substantial inability to perform the essential tasks” of their job. After 104 weeks, the person must establish that their injuries are preventing them from performing “any occupation they are reasonably suited” to perform according to their “education, training or experience”. As of September 10, 2010, Income Replacement Benefits now pay 70% of a person’s gross income, up to $400 per week. These benefits were implemented to help an injured party in the short and long term. However, the person is expected to pursue other sources of income when possible or transition to a similar or lighter job as they recover from their injuries.
At Futerman Partners LLP, we have been successfully handling income replacement benefit claims for over 35 years. We ensure the rights of the injured person are protected. While we offer our full support to help get our clients back to enjoying their previous life; we will also protect them against being intimidated to return to work too soon which could comprise their long term recovery. Compassionate, experienced; Futerman Partners LLP. Call us today for a free initial consultation. 416-925-4100.