If your injuries after an accident stop you from working, here’s some good news: you’re entitled to Income Replacement Benefits. It doesn’t matter who’s at fault in the accident – if you have a standard Ontario auto insurance policy, there are benefits available to you.
The Income Replacement Benefit is a benefit that partially compensates you for any loss of income if you can’t work because of your injuries. It applies to both physical and psychological injuries.
To qualify, you need to prove those injuries. Also, you are required to have been employed or self-employed at the time of the accident, or working for 26 of the 52 weeks prior to the accident. You qualify if you’re receiving Employment Insurance benefits. If you’re not employed, but are at least 16 years old or you were excused from attending school at the time of the accident, you are still eligible.
You have to inform your insurer that you want to apply for benefits within a week of the accident. A personal injury lawyer knows the various filing deadlines, as well as the maximum benefits – including Income Replacement Benefits – that you can receive after an accident.
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What post-accident compensation is available
to workers?
Ontario’s Insurance
Act mandates income replacement benefits for crash victims. The Income Replacement
Benefits plan will partially compensate you for any loss of income you suffer
as a result of your injuries. It applies to both physical and psychological
damage. Because the legislation is no-fault, the benefits are available to you,
provided that you have valid car insurance.
To qualify, you must
initiate the claims process with your insurer within seven days of the
accident. You need to prove your injuries, of course. Also, you have to have
been employed or self-employed at the time of the accident. It is sufficient if
you were previously working 26 of the 52 weeks. You even qualify if you are
receiving Employment Insurance (E.I.) benefits. You are still eligible for
coverage if you’re not employed but at least 16 years old – or were excused
from attending school at the time of the accident.
Are there other forms of coverage as well?
In other words,
coverage is broad. The benefits offered by the Insurance Act are quite
comprehensive and extend far beyond income replacement. A good personal injury
lawyer can help guide you through the claims process and ensure that you are
compensated in any of the other categories you fall under. For example, there
is an Attendant Care Benefit if you require physical assistance after your
injuries. There is also assistance with medical and rehabilitation costs – and
even money for funerals.
A cautionary note:
there are deadlines to be met. Also, keep in mind that you are being
compensated by your insurance company. That company may have an interest in
minimizing your coverage; a personal injury lawyer will ensure that you
get the maximum income replacement
benefits to which you are entitled.
Who
are income replacement benefits for?
If you were employed prior to a car
accident, you may be eligible for income
replacement benefits. If you have lost your income for a period of time due to the accident, you may be
eligible to receive a payment to replace your income every two weeks.
Are you eligible for income replacement benefits?
Your lawyer will be able to determine if
you are eligible for income replacement benefits, although there are a few
questions that you can answer on your own to see if you qualify.
If
you answer "yes” to these questions, then you may be eligible for income replacement
benefits:
- Did you suffer a physical or
psychological injury within two years of a motor vehicle accident and are you
disabled from working as a result of this?
- Were you employed prior to the
accident?
- Did you work for a length of 26
weeks in the last 52 weeks prior to the accident?
- Were you receiving Employment
Insurance Benefits?
If you can answer any of these questions
with a "yes” answer then you might be eligible, but contact a lawyer to ensure
that you receive the maximum income replacement benefits that you are entitled to.