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Do I Qualify for Income Replacement Benefits?

Being injured in a motor vehicle incident is scary. But what’s even more scary is the fear that you won’t be able to return to work and continue to provide for you and your family. Whether you’re off work for a few days or a few months, it’s important to think about how the bills will get paid during your period of recovery.

If you have been involved in a car accident and are unable to work, there is a good chance you may be able to receive Income Replacement Benefits (IRBs) under the Statutory Accident Benefits Schedule – Accidents on or after September 2, 2010.

IRBs are available to personal injury victims who were employed at the time of their motor vehicle accident (including self-employed persons) and who, as a result of injuries sustained in the accident, “suffer a substantial inability to perform the essential tasks of their employment.” This is the definition that applies for the first two years following a car accident. After two years, the test changes and it becomes harder to qualify for IRBs. Specifically, the definition after two years is “a complete inability to engage in any employment or self-employment for which he or she is reasonably suited by education, training or experience.”

How do I apply?

In order to receive IRBs, you will need to submit a completed Application for Accident Benefits. In addition, your insurance company will likely require that some, or all, of the following forms be completed:

  • OCF-3 (Disability Certificate)
  • OCF-2 (Employer’s Confirmation Form)
  • OCF-10 (Election of Income Replacement, Non-Earner or Caregiver Benefit)

How much will I get?

If you are eligible to receive IRBs, the amount you receive will depend on a number of factors, including your pre-accident income, any other income available to you and whether you have purchased Optional Benefits. Key information about IRB payments:

  • No IRBs are payable in the first 7 days following an accident
  • For accidents occurring after September 1, 2010, the amount of the weekly IRB is based on 70% of your gross pre-accident weekly income, subject to the maximum amounts
  • Under the Standard Limits, the maximum weekly amount payable for the first two years following the accident is $400 per week
  • Optional benefits increase the maximum weekly amount to $600, $800 or $1,000 per week (must be purchased prior to date of the car accident)

Our team of experienced personal injury lawyers have the expertise to ensure you have access to all of the benefits available to you. Contact us at 1-800-563-6348 for a free consultation.

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This blog post is presented for information purposes only. The information contained in this post should not be construed as legal advice from Ferguson Barristers or the individual author, nor is it intended to be a substitute for legal advice on any matter. You should not act, or refrain from acting, based on any such content or information without seeking appropriate legal advice from an attorney licensed in your jurisdiction.
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