Ottawa Personal Injury Lawyer David Hollingsworth, Ontario Injury Lawyers, Income Replacement Benefits..Often times after suffering a personal injury in a motor vehicle accident you may not be able to return to work right away. You also may not be able to provide for yourself and your family. Depending on the severity of your personal injuries, you may not be able to work for a few days, maybe a few months or perhaps even longer. This is very stressful and this is where income replacement benefits comes in.
What are Income Replacement Benefits?
Income Replacement benefits are available to Ontario personal injury victims who were employed or self employed at the time of the motor vehicle accident in Ontario and who, as a result of the personal injuries sustained in the Ontario accident, “suffer a substantial inability to perform the essential tasks of their employment”. This is the definition that applies for the first 2 years following a car accident in Ontario.
Following 2 years after an Ontario accident, it changes and becomes much more difficult to qualify for income replacement benefits. To continue to qualify for income replacement benefits, Ontario accident victims must have “a complete inability to engage in any employment or self-employment for which they are reasonably suited by education, training or experience.”
How much do Ontario accident victims get for Income Replacement Benefits?
The amount of income replacement benefits received depends on a number of different factors such as one’s income before the accident. As well as whether or not you opted to purchase additional accident benefits.
- For motor vehicle accidents occurring after September 1, 2010, the amount of the weekly income replacement benefits is based on 70% of your gross weekly income before the accident, subject to the maximum amounts.
- Under the standard accident benefits limits, the maximum weekly amount payable for the first 2 years following the accident in Ontario is $400 per week
- No income replacement benefits are payable in the first 7 days following an Ontario accident
- Optional accident benefits limits increase the maximum weekly amount to $600, $800 or $1,000 per week
How to apply for income replacement benefits…
In order to receive income replacement benefits, Ontario accident victims need to submit a completed
- OCF-10 Election of Income Replacement, Non-Earner or Caregiver Benefit
- OCF-3 Disability Certificate
- OCF-2 Employer’s Confirmation
If you have been involved in an Ontario car accident and are unable to work, you most likely qualify for income replacement benefits. It is important that before you fill out the associated accident benefits forms that you contact an experienced Ontario personal injury lawyer . The best Ontario personal injury lawyers not only will help you fill out these forms, they will ensure that it is done in a manner that gets you maximum benefits support.
The Ottawa Injury Blog is written regularly by Ottawa Ontario injury lawyer David Hollingsworth. Since 1999, David has been an Ontario personal injury lawyer representing Ontario accident victims who have suffered a personal injury and the families of accident victims who have lost a loved one in an Ontario accident. This blog reports on accidents in eastern Ontario, personal injury issues, local Ottawa news and events and various news that relates to Ottawa, accidents and personal injury. Visit www.ottawainjury.ca for more information. If you have a question, feel free to call or email [email protected] (613) 978-9549
Ontario Personal Injury Lawyer David Hollingsworth, Income Replacement Benefits, Ontario Accident Benefits
Calculating Accident Benefits Compensation
What is the maximum amount of Accident Benefits Compensation?
ACCIDENT BENEFITS SETTLEMENT
Experienced injury lawyers in Ottawa and top Ontario personal injury lawyers can help you navigate your insurance claim and calculate your accident benefits. Among other things, you need to consider the type of damages you are entitled to. If the personal injury or the accident you have gone through has made you miss work, then you are most likely entitled to claim your lost wages or compensation, including long-term disability.
Lost wages, however, are one among a variety of factors that need to be considered in the calculation of your accident benefits settlement. For example, you also need to consider any property damages incurred, family or social expenses, emotional or psychological trauma, as well as any medical expenses incurred due to your physical injury and trauma. A top Ottawa or Ontario personal injury lawyer will have the experience to help you maximize your prospective accident benefits settlement.
Experienced Ottawa personal injury lawyers have the knowledge, “know-how” and experience to help you calculate the highest amount of accident benefits compensation that you deserve. Your top Ottawa injury lawyer will make sure that you receive as much as possible, with the least amount of hassle. It is not wise for a victim of personal injury to attempt to manage his or her own claim. The potential to lose out on what you deserve is too high. Most important of all, however, is your physical and psychological health, which can be affected by the stress and fatigue of a legal battle on your own. Let an experienced Ottawa injury lawyer help you to get what you rightfully deserve.
PERCENTAGE OF LIABILITY
The “computation of settlement” is the percentage of fault. This is another important element of the legal process to consider. Basically, your top Ottawa personal injury lawyer will need to prove that 100% of the accident was caused by the negligence of the other accident victim. In some cases, however, the victim has played some part in the accident and if this is the case, each party is responsible for some percentage of fault. Your top personal injury lawyer will ensure the protection of your interests to safeguard against losing what you deserve.
The fault percentage influences the ultimate “numbers” of the financial settlement. When the percentage of fault is settled, then it is possible to begin computation of the accident benefits settlement. For example, if the amount of damage, including disability, lost wages, and so, amounts to $1000 and the fault of the victim is 30%, then the accident settlement will be $700 (the $300 or the 30% would be deducted from the total damage since it would be deemed to be the fault of the victim). A top Ottawa personal injury lawyer will be able to get you the least amount of fault percentage as possible.
HOW TO GET THE HELP YOU NEED
If you have suffered a personal injury as the result of an accident or if you know someone who is, it is best that you consult a personal injury lawyer in Ottawa or a Ontario personal injury lawyer as you are likely entitled to accident benefits that you are not currently receiving. Unfortunately your insurance company may tell you.