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Injury Compensation Claims in Ontario
By Darlene Peer

Injury Compensation Claims in Ontario

 
A lawyer experienced in injury compensation claims can help you file a claim if you’ve been injured in an accident.
 

First Steps

 
You should contact a personal injury lawyer as soon as you can after an accident. If the injured person is incapable of making decisions, the family member in charge of medical decisions should contact a lawyer on the victim’s behalf. Injury compensation claims can be time sensitive – some municipalities only give you ten days to file a claim if they’re at fault!
 
Your personal injury attorney can fill out the paperwork, handle calls from the insurance company of the person at fault and keep track of time-sensitive deadlines. Your lawyer is also experienced at predicting your future needs since you may be too emotionally stressed or in too much physical pain to be thinking that far ahead. You will have immediate expenses, such as medication and physiotherapy and any possible future expenses, such home care or extended medical treatments that may not be covered by provincial healthcare.
 
According to the Law Society of Upper Canada , there are a few places where you can file an accident claim. The first is the insurance company of the person at fault. If you discover that the person at fault doesn’t have insurance, there is still a place to turn. The Financial Services Commission of Ontario’s Motor Vehicle Accident Claims Fund was set up to deal with such claims.
 
If you were injured while on the job, you may be required to file your claim with the Workplace Safety and Insurance Board. The organization has a system in place to compensate workers who have been injured while on the job.
 
With so many options, it can be confusing to navigate the system without a lawyer. It’s often difficult to even know where you should file your claim. A lawyer experienced in injury compensation claims can point you in the right direction and help you meet any deadlines.
 

The Average Claim for Car Accidents

 
If you were in a car accident, the average claim in 2010 was $14,973. According to the Insurance Bureau of Canada, the average accident benefits claim for those who were involved in a car accident in 2010 was $56,092. This average includes injury compensation claims.
 

Paying for Health Care

 
Although OHIP will pay most medical care expenses, it’s important to know what’s covered and what’s not.
 
For someone in a motor vehicle accident, the Ontario Ministry of Health and Long-Term Care lists the names of the party or parties responsible for any associated medical and homecare costs. According to Ontario’s Statutory Accident Benefit Schedule, it is the insurance company of the person at fault that is required to pay for any non-professional health care services you’ll require, such as meal preparation, transportation, home repair help . If you’re unable to perform personal hygiene, chores such as laundry, for example and other personal care tasks, you’re also entitled to help.
 
The Ministry of Health and Long-term Care will pay for doctors, hospital services, air ambulance transport, mental health facilities and some other professional services, such as speech-language pathology and occupational therapy.
 
Your lawyer will also look at whether your injury is temporary or permanent, since a permanent disability may require home renovation to help you get around. When filling out an injury compensation claim, you should plan for any immediate and future expenses.

Injury Compensation Claims in Ontario

By cjp

How to Apply for Injury Compensation Claims

 

The Criminal Injuries Compensation Board exists to assess financial compensation for people who qualify under the act, including: victims or family members or deceased victims of violent crimes in Ontario.

 

How Do You Apply for Compensation?

 

A lawyer will help you determine if you are eligible for injury compensation claims, but if you feel that you meet the criteria, then you can submit an application form and include as much detail as you can.

 

What Happens After Submitting the Application?

 

After you send in your application for an injury compensation claim with the Criminal Injuries Compensation Board, your application is assigned a file number. You will need to supply information and documentation to support your claim, including: receipts, medical reports, court files, etc.

 

What Will the Board Consider when Deciding Whether to Approve the Claim or Not?

 

When the Board is deciding whether or not to approve a claim, there are many factors that need to be looked at:

 

  1. Whether or not a violent crime under the Criminal Code or an arrest has occurred, or whether the injured or deceased person was trying to prevent a crime from occurring.
  2. Whether there is enough information to support the claim.
  3. All of the circumstances that contributed to the injuries or death.
  4. Whether you refused cooperation or failed to report the incident to the police.
  5. Whether you have received any benefits that have been paid by private insurance or other sources as a result of the crime. 

 

This gives you some background information about the Criminal Injuries Compensation Board and what they are looking for when filing injury compensation claims. As you can see, it is a meticulous process and a lawyer will be able to give you more information about the Board and help you receive your compensation promptly.