A Guide to Income Replacement When You’re Injured

September 24, 2021

A Guide to Income Replacement When You’re Injured's article image

If you get injured in a car accident, the last thing you want to worry about is your financial situation. You want to be able to focus on your recovery and healing, without the added pressure of unstable finances. Fortunately, there are options available to you if you’ve been injured and you’re unable to work because of your injuries.

Am I Eligible?

In order to be eligible for income replacement benefits in Ontario, there are specific eligibility requirements that must be met. These requirements include the following:

You must have been employed or self-employed at the time of the accident that caused your injuries;

You must have been working for at least 26 weeks out of the 52 weeks before the accident;

You must have been receiving Employment Insurance at the time of the accident; or

If you are unemployed but at least 16 years old, you must have been excused from attending school at the time of the accident.

In addition to these eligibility requirements being met, an individual must also have sustained injuries that are severe enough to prevent them from working, or are unable to work in the same capacity as they were able to before the accident.

What Can I Claim?

The Ontario Statutory Accident Benefits Schedule can assist your financial situation immensely if you meet the outlined eligibility requirements. This benefit can cover up to 70% of your gross weekly income or up to $400 per week, whichever is less. Your employment history before the crash is what your income replacement benefits will be based off of.

As long as you were employed at the time the accident happened, your benefits will generally be calculated based on either your gross income 52 weeks prior to the accident or your gross income in the four weeks prior to the accident, multiplied by 13. The final amount that you end up receiving may be reduced, depending on if you have any additional sources of income that are providing financial assistance due to your accident. These could include an employer insurance policy or other insurance policies that help to support you financially.

Length of Benefits

Your benefits from the Ontario Statutory Accident Benefits Schedule will continue to be payable at the maximum level for up to 104 weeks following the accident, assuming you continue to qualify. After 104 weeks, you may still be able to claim benefits, however, the legal test you must meet is more strict and challenging. We can of course explain all of this to you with specific reference to the facts of your individual case.

It can be intimidating to try to take on the complex process of applying for lost income benefits alone. There are many resources available that can help you in the process, including a personal injury lawyer. By consulting with an experienced lawyer, you can feel confident that your rights are being protected and you have a team that can support you during this difficult time. If you or a loved one have been injured and cannot work as a result of the injuries sustained, Beckett can help. Our team has the experience and knowledge that you can count on to handle your unique situation with compassion and care. Contact us today for a free case evaluation to begin your journey towards justice.

Published on September 24, 2021

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