Ontario Car Insurance Claims and Accident Benefits. Who can access Ontario benefits?
- Income Replacement: Just like it says…the income replacement benefit compensates for lost income/wages.
- Non-earner benefit: The non-earner benefit applies when you are unable to carry on a “normal life” and do not qualify for either an Income Replacement benefit or Caregiver benefit.
- Caregiver benefits: Compensation for expenses incurred when a member of your home needs care and someone is hired to care for them because you no longer can.
- Medical benefits: Covers medical expenses that occurred as a result of the injury.
- Rehabilitation benefits: Covers rehabilitation expenses incurred as a result of an injury.
- Attendant Care benefits: Covers some of the expense incurred by hiring an aide or attendant.
- Compensation for Other Expenses: These accident benefits pay for some expenses such as monies put out by family members costs in being with you during visitation and recovery. Often times some housekeeping and home maintenance is also covered , as well as lost or damaged articles during accident. ie: computer in car etc…
- Death benefits: Family members may collect this accident benefit on behalf of a deceased family member.
- Funeral benefits: These accident benefits help cover funeral expenses.
There are many more Ontario accident benefits available to Ontario drivers. If you are unsure of whether or not you are receiving everything you are entitled to from your Ontario insurance company, it is best you consult with an Ontario injury lawyer. We meet daily with people and walk them through their best options. Often times all they need is a little advice. Unfortunately most insurance companies will not tell you unless you ask and most people don’t know what to ask for. We know Ontario accident benefits inside and out we have experienced staff who specialize in Ontario accident benefits. We can help.
Ottawa Personal Injury Lawyer David Hollingsworth and Associates: lawyers for Ontario accident victims.
Compensation for Pain and Suffering in Ontario
Ontario Insurance. There are two types of damage compensation in Ontario: pecuniary damages and non-pecuniary. Pecuniary damages can be calculated and non-pecuniary damages cannot be calculated.
Damages for Pain and Suffering in Ontario (Non-Pecuniary Damages)
Most serious accidents in Ontario result in personal injury and pain. There is the obvious pain suffered immediately following the accident, the pain following the treatment of the injury (ie surgery, physio etc..) and then there is the ongoing pain that can last for weeks, months, years or throughout one’s life following an accident. In many cases, a serious injury may never fully heal, leaving accident victims with a life long pain problem. Thankfully the Ontario insurance regime compensates accident victims for pain and suffering.
In Ontario, the amount awarded for pain and suffering varies depending on the situation. Some factors that help determine the maximum amount of compensation for pain and suffering are:
- the severity of the injury
- the length of time it should take the injury to fully heal
- treatment required to treat the personal injury (ie surgery required?)
- hospitalization? rehabilitation? how long?
- the physical and emotional damage that the injury has caused now and moving forward
- pre-existing injuries
I will be honest, it is difficult to sue for pain and suffering after a car accident claim in Ontario. We have however had great success in helping our accident victims get the maximum amount of compensation for pain and suffering.
Nowadays, in order to sue for pain and suffering, your injuries need to meet a legal threshold . The legal threshold must show a serious and permanent impairment of an important bodily function. This impairment can be viewed in many ways . To keep things simple, it basically means that you cannot work, be a caregiver, or participate in normal activities of daily living as a result of your pain and suffering.
Also, to receive compensation for pain and suffering , your injuries must be permanent. What makes this particularly difficult is the fact that it is sometimes tricky to show that an injury is permanent without waiting for at least a year after the accident . Accident victims are struggling throughout this year and it is difficult to try to rebuild a new life without knowing what lies ahead.
In order to claim compensation for pain and suffering in Ontario, the personal injuries suffered in or after the accident must be proven to the courts,should the insurance company try to deny compensation. Unfortunately, in most cases, that’s exactly what they will try to do. As an Ottawa personal injury lawyer, I find this to be so disturbing as often times people with “invisible” injuries are the people who need the compensation the most .That is why I take all pain and suffering claims in Ontario very seriously. I see how much pain people are in and how they have lost their everyday life to an accident. I do everything I can to really help these accident victims.
Ontario Insurance: Pain and Suffering Claims Deductible
Not only to pain and suffering claims need to be a specific threshold in Ontario, the Ontario government has also legislated that they surpass a $30,000 deductible for pain and suffering claims. Sadly,what this translates to for accident victims is that they do not receive the first $30,000 in compensation; however, this deductible does not apply to injury claims where the pain and suffering damages exceed $100,000. As an experienced Ottawa personal injury lawyer, this is where I can truly help. The system is not fair and that is why experienced personal injury lawyers can make all the difference.
If you have suffered and are continuing to suffer from an accident, we can help you. You are not alone. Our dedicated team of Ottawa personal injury lawyers can help you get through these difficult times. We know you need financial compensation,as well as emotional. We have all the resources you need are we are here to help. For more information ,visit us at www.ottawainjury.ca
Maximum compensation for pain and suffering in Ontario…
Compensation for Chronic Pain Injury
As Ottawa personal injury lawyers, we were very pleased to have been able to help another Ottawa accident victim get the help and compensation she needed following a serious accident.
“BH” was 64 years old at the time of her accident. She was rear ended by another car and didn’t see it coming. The result was drastic.
Injuries Resulting From Accident:
Compensation For Chronic Pain Injuries and Psychological Injuries:
BH’s tort claim alone settled out of court for $285 000. The Ontario Accident Benefits side of her file is ongoing and she continues to receive all the accident benefits she needs each month . We are so pleased to be able to help her throughout these very difficult days in her life.
Our Ottawa Personal Injury Lawyers Can Help You:
Our lawyers were very successful in securing maximum compensation for pain and suffering, despite these injuries being difficult to prove. We have many systems in place and work with some of Ottawa’s top medical professionals for pain and suffering. We are able to help our clients seek medical treatments and appointments with specialists that they really need to recover. We understand that accidents can be life altering and can sometimes bring on a lifetime of pain and suffering. Our personal injury lawyers will work with you , your family and your medical team to make sure you are not only getting maximum compensation for pain and suffering, but the support you need to start rebuilding your life.
We are Ottawa personal injury lawyers who devote ourselves to helping Ontario accident victims. Unfortunately insurance companies won’t always be the ones to tell you your rights and what you are entitled to and that’s where we can come in. We are some of Ottawa’s top Ottawa Personal Injury Lawyers . We know exactly what you are entitled to and we will get it for you. The last thing one needs after an accident is to be worried about dealing with an insurance company that may be looking out for their own interests.
For more information that relates to chronic pain compensation or compensation for psychological injuries visit our website. Our Personal Injury Lawyer Ottawa team are experienced and can offer you free advice.
*Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
Ontario Accident Benefits: Income Replacement Benefits
Are you entitled to Income Replacement Benefits ?
If you suffer personal injury and are unable to work, you may be entitled to income replacement benefits through your Ontario accident benefits. Income replacement benefits in Ontario are partial compensation and are only available if you cannot fully return to work because of the injuries caused in the accident.
What are the criteria for income replacement benefits ?
Income replacement benefits are only available to accident victims who were employed at the time of the accident or depending on the circumstances, during the year before the accident. Typically, these benefits are paid out every 2 weeks and partially cover any lost income as the result of an Ontario accident. IRBs are typically paid up to 104 weeks after it is identified that the injury has prevented a return to work.
What must be established to receive income replacement benefits?
To receive income replacement benefits in Ontario, it must be established that the injured suffered physical or psychological impairments as a result of the accident and that they are unable to work. You must also establish that you were employed or self-employed at the time of the accident or that you worked at least 26 of the 52 weeks prior to the accident. In certain cases, income replacement benefits can also be collected if the injured was collecting Employment Insurance (EI) benefits at the time of the accident.
When can you start collecting benefits ?
After the first week of your disability you can begin to be compensated.
How are income replacement benefits calculated?
Income replacement benefits are calculated by taking 70% of your gross income, minus income replacement assistance payable from other sources (employer), to a maximum of $400 per week. If you continue to qualify for income replacement benefits after 104 weeks, your minimum weekly income replacement benefit then drops to $185.
Is there extra coverage for income replacement benefits?
Hopefully you opted for additional coverage. Yes, this is an added expense, but an expense that pays off , should you need it. Additional income replacement benefits pay up to $600, $800 or $1,000 per week , depending on when you purchased your additional coverage.
Can I receive income replacement benefits if I am self-employed?
If you are self-employed at the time of your accident, income replacement benefits are based on 70% of your weekly net self-employed income earned in the past 52 weeks; or the last fiscal year completed prior to the accident.
Can I receive income replacement benefits if I am unemployed?
If you are unemployed at the time of the accident and receiving Employment Insurance benefits, or had been working at least 26/52 weeks before the accident, the income replacement benefits are based on income earned in the 52 weeks before the collision inclusive of your Employment Insurance benefits.
Can I receive benefits if I am over 65 years old?
If you are over the age of 65, income replacement benefits are paid up to 208 weeks. If you turn 65 while receiving income replacement benefits, the benefit is converted to a lifetime pension at a reduced rate.
The laws surrounding income replacement benefits in Ontario can be confusing. It is always best that you consult an Ottawa personal injury lawyer to answer any questions you may have.
Ottawa accident Benefits Lawyer David Hollingsworth, Ottawa Accident Lawyers.
Who is entitled to Ontario Accident Benefits? Ontario Accident benefits are available to people suffering from personal injury in a motor vehicle accident in Ontario. Often after being discharged from an Ottawa rehabilitation centre, (The Ottawa Rehabilitation Centre, The Ottawa Hospital-Civic Campus or Elizabeth Bruyere, in Eastern Ontario) , people with personal injuries will return to their homes only to find that their home needs modifications and their home cannot accommodate them. The Statutory Accident Benefits Schedule (SABS) is available to motor vehicle (car accident, boating accident etc.. victims in Ontario to help with these modifications.
Accident Benefits Schedule: Typically, Ontario car accident victims can receive accident benefits. Normally, these accident benefits are covered by the injured person’s own insurance company. However, accident benefits also provide coverage for people who do not have their own insurance. Typically, statutory accident benefits are there to replace lost wages, attendant care benefits, rehabilitation and medical benefits as well as wrongful death benefits.
Housing: The insurance company must pay the injured person for all reasonable and necessary home modifications and home devices, including communication aids. Ontario’s statutory accident benefits permits an injured person to buy or renovate a new home to meet his or her needs where that is the option that makes more sense than renovating an existing house. Having said that, the money alloted for the purchase of a home cannot be greater than the estimated cost of any renovations that would be needed to meet the injured victims needs.
The medical and rehabilitation benefits are supposed to pay for all reasonable and necessary expenses that arise because of the accident. Home modification comes under the medical / rehabilitation category.
After September 2010, this information will change. For now, if the injured person did not suffer a “catastrophic impairment” as that is described in the Accident Benefit regime, the total amount of the medical / rehabilitation benefit is $100,000 and the benefits expire after 10 years from the date of the accident. If the injured person did suffer a “catastrophic impairment” the medical / rehabilitation benefit increases to $1 Million and last for the duration of the victim’s life.
Timelines: It is important you notify your insurance company that you have had an Ontario accident within 7 days of the Ontario accident, or as soon as possible, and you must complete your application for Accident Benefits within 30 days of the Ontario accident.
What is an assessment? The assessments give suggestions to assist a person who is injured how to live safely and comfortably in their home if possible. The assessment focuses on returning the person who is injured to a level of function that approaches his or her pre-accident state to the extent that that can be done safely.
People who suffer a catastrophic injury may also need additional assessments . The assessments will result in a report. After the report is written, another form called a “OCF 18: Treatment Plan” will be submitted to the insurance company, outlining the proposed cost of the recommendations in the report. If the OCF 18 is approved, the work can begin.
Are home modifications limited to catastrophic injuries? Sometimes. Where the injured person has suffered personal injury that cause impairment but are on the less serious end of the spectrum, and if the renovations are not going to be extensive, an occupational therapist can perform a home assessment.
An assessment of the activities of daily living of the injured person is included in a home assessment. This assessment looks at personal care, housekeeping, home maintenance and care giving tasks. The report written by the occupational therapist will outline a list of any assistive devices and changes required to the home. For example: a railing, raising or lowering a bed or counter or adding hip-level storage in a kitchen.
If the recommended renovations included in the report are complete, it is submitted to the insurance company together with a Treatment Plan costing the recommendations to the insurance company for approval. If a person has serious personal injury and needs significant home modifications like ramps, additions, elevators, walls moved, a home accessibility report is required. For more information regarding Ontario insurance claims, visit www.ottawainjury.ca .