{"id":12190,"date":"2022-03-31T10:33:07","date_gmt":"2022-03-31T10:33:07","guid":{"rendered":"https:\/\/diamondlaw.ca\/?p=12190"},"modified":"2022-05-12T07:15:21","modified_gmt":"2022-05-12T07:15:21","slug":"things-to-know-about-statutory-accident-benefits-in-canada","status":"publish","type":"post","link":"https:\/\/diamondlaw.ca\/things-to-know-about-statutory-accident-benefits-in-canada\/","title":{"rendered":"Things to Know About Statutory Accident Benefits in Canada"},"content":{"rendered":"

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When you sustain injuries due to a negligent motor vehicle accident in Ontario, you can sue for compensation through a personal injury lawsuit and claim statutory accident benefits. However, if you file a lawsuit, you have to prove that the defendant was negligent or otherwise at fault. On the other hand, if you claim statutory accident benefits (SAB), you can get benefits through your car accident insurance policy regardless of fault as mandated under the<\/span> <\/span>Statutory Accident Benefit Schedule<\/span><\/i> <\/span><\/a>(<\/span>Schedule<\/span><\/i>).\u00a0<\/span><\/p>\n

Pursuing one course does not preclude you from seeking the other. If an insured person claims SABS from their insurer, they may still file a personal injury lawsuit against a negligent party. Regardless of which option you choose, it would be advisable to consult with experienced Diamond & Diamond personal injury lawyers who can advocate on your behalf and ensure that you receive the compensation you deserve.<\/span><\/p>\n

How Do Statutory Accident Benefits in Canada Work?<\/b><\/h2>\n

Unlike a personal injury lawsuit, SABS is not damages awarded as compensation for your injuries. Instead, it\u2019s part of the provisions in the mandatory car insurance coverage of all vehicle owners for no-fault benefits.<\/span><\/p>\n

Under the <\/span>Schedule, <\/span><\/i>auto insurance policies must include provisions for no-fault recovery assistance to an injured policyholder. Retaining a personal injury lawyer can ensure you get all the benefits you should to help you recover from your injuries.<\/span><\/p>\n

Below is a brief description of the Accident Benefits that an insured person in Ontario can expect to receive in a motor vehicle accident. The type and coverage of benefits will depend on the extent and nature of the injuries.\u00a0\u00a0<\/span><\/p>\n

Income Replacement Benefits<\/b><\/h3>\n

An insured person may receive Income Replacement Benefits (IRB) for loss of income if their injuries prevent them from going back to work. They are eligible if they were over the age of 16, employed, self-employed, or not employed, but had been employed for at least 26 weeks within a 52-week period before the accident.<\/span><\/p>\n

The IRB gives a maximum of $400 a week, or 70% of the gross weekly income, whichever is less. An insured person who availed of optional benefits in their insurance policy will receive whatever the optional amount is, regardless of actual loss of income.<\/span><\/p>\n

Non-earner Benefit<\/b><\/h3>\n

Unemployed persons cannot claim loss of income, so they do not meet the criteria for IRB. However, they may receive the non-earner benefit of $185 a week. To qualify, the insured person must be totally unable to live an everyday life due to injuries sustained in a motor vehicle accident.\u00a0<\/span><\/p>\n

Caregiver Benefit<\/b><\/h3>\n

Unpaid caregivers who sustain severe injuries in a motor vehicle accident that prevent them from carrying out caregiving tasks may receive the caregiver benefit. The amount for this benefit will cover reasonable and necessary expenses and may not exceed $250 a week (plus $50 for each additional person in their care) for a maximum of 104 weeks. Availing the IRB or non-earner benefits disqualifies an injured person from the caregiver benefit.<\/span><\/p>\n

Medical and Rehabilitation Benefits<\/b><\/h3>\n

The medical and rehabilitation benefits cover all reasonable and necessary accident-related injuries of the insured person. These include emergency care and hospital expenses, an authorized transportation expense, physical rehabilitation services, medical devices, modifications in the home and workplace, housekeeping and caregiver services, medications and counselling. Limits on each category will depend on the extent of the injury and range from $3,500 for minor injuries to $65,000 for severe injuries.<\/span><\/p>\n

Attendant Care Benefit<\/b><\/h3>\n

Insured persons who require personal care assistance or long-term care but do not qualify for benefits under other sections in the <\/span>Schedule<\/span><\/i> may avail of the Attendant Care Benefit. The monthly benefits will depend on the level of injuries, ranging from $3,000 for non-catastrophic injuries (not more than 260 weeks) to $6,000 for<\/span> <\/span>catastrophic impairment<\/span><\/a> (no time limit).<\/span><\/p>\n

Other Expenses Benefit<\/b><\/h3>\n

The insurer may also need to pay for the following necessary expenses:<\/span><\/p>\n