Statutory Accident Benefit Entitlements
In Ontario, the legislative system regulates your rights to sue and recover damages for injuries sustained as a result of a motor vehicle accident, even if you were not “at-fault.” All drivers, passengers, cyclists and pedestrians are entitled to claim for accident benefits if they are injured in a motor vehicle accident. This is true regardless of who is determined to be at-fault for the accident or whether the injured person has his or her own insurance.
Income Replacement Benefits (IRB):
You are entitled to a percentage of your net income if you are unable to perform the essential tasks of your occupation or employment during the first 104 weeks of disability, within certain limits. Thereafter, you can continue to receive these benefits as long as you are continuously disabled from any occupation for which you are reasonably suited by education, training and experience.
Non-Earner Benefits (NEB)
You are entitled to this if you are not employed and suffer from a complete inability to carry on a normal life as a result of the injuries from the accident. Non-earner benefits are not payable for the first six months after the accident.
Caregiver Benefits
You are entitled to this if you are the primary unpaid caregiver of a person in need (with whom you are residing), plus an additional sum for each additional person in need of care.
Medical and Rehabilitation Benefits (Above OHIP)
You are entitled to this for up to 10 years after a non-catastrophic injury, or for the rest of your life in the case of a catastrophic injury. Catastrophic injuries are specifically defined under the law.
Attendant Care Benefits (for personal care)
You are entitled to this for up to two years after a non-catastrophic injury. The maximum monthly benefit is doubled and payable for life in the case of a catastrophic injury.
Lost Educational Expenses
You are entitled to this if you are a student.
Death and Funeral Benefits
You are entitled to this if you are the spouse of the victim. An additional sum is given to each of the victim’s dependents as well as to the person upon whom the victim was a dependant. You are also entitled to funeral expenses.
Travel Expenses
Family members, or those living with the accident victim, are entitled to compensation for their visiting costs during treatment and recovery.
Supplementary Benefits
These cover medical and assistive devices.
What is a collateral benefit?
A collateral benefit includes payments for the loss of income from another private or public plan such as income replacement benefits, long term disability benefits or CPP disability payments.
