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Statutory Accident Benefits

Ontario Statutory Accident Benefits

Helping Injured Clients Obtain Compensation and Benefits after Serious Accidents

Legislated systems in Ontario seriously limit your ability to sue or recover damages for injuries sustained as a result of a motor vehicle accident. However, this system outlines a list of mandatory benefits.

Simply put, the system consists of the two following parts:

  1. A set of conditions and criteria that must be met before you are entitled to receive damages for specific physical and psychological injuries. This is known legally as a "tort claim".
  2. A prescribed set of mandatory benefits ("Accident Benefits") that insurer(s) must pay to injured parties, including "at fault" drivers, passengers in vehicles and injured pedestrians.

Filing an insurance claim can be an overwhelming experience. Pace Law Firm has the needed experience in dealing with the formal application for recovering damages and benefits, the required documentation, as well as the supporting materials. Contact a personal injury lawyer at Pace Law Firm as early as possible to protect your rights after an accident. Contact our legal team will help you pursue your best legal path to full financial recovery.

If you or someone you love has been injured, or has been denied their rightful benefits contact one of our legal experts at Pace Law Firm for experienced legal help.

We offer a free initial consultation and you don’t pay until your case is settled or won. Call 1-877-236-3060.

For your convenience we offer:

  • Free initial consultations
  • No cost until the case is settled
  • Fluency in 32 languages
  • Availability for hospital and home visits
  • Availability for evening and weekend appointments

For complete details about both tort claims and specific accident benefits, see our Guidebook for Accident Benefits, available as a download. For a brief overview of your Statutory Accident Benefits, please see the chart below.

 

Income Replacement Benefits (IRB)

You are entitled to 70% of your gross income with a maximum of $400 per week, if you are substantially unable to perform the essential tasks of your occupation or employment during the first 104 weeks. Thereafter, you can continue to receive these benefits as long as you are continuously disabled and prevented from working at any occupation for which you are reasonably qualified by education, training and experience.

 

Medical & Rehabilitation Benefits

For minor injuries, as defined by regulation, up to $3,500 for minor injuries inclusive of assessment / examination expenses.

For non-minor injuries, up to $50,000, injuries inclusive of assessment/examination expenses.

For catastrophic injuries, up to $1,000,000, inclusive of assessment/examination expenses.

Non-Earner Benefits

Up to $185 a week, if you are not employed and if you suffer 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

Not available for basic policies. Available for catastrophic cases only.

 

Housekeeping & Home Maintenance Benefits

Not available for basic policies.

Available for catastrophic cases only subject to technical interpretations of "incurred expenses" and "ability to perform".

Attendant Care Benefits (for personal care)

Up to $3,000 a month for a non-catastrophic injury ($36,000 maximum), and up to $6,000 per month for the victim's lifetime for a catastrophic injury ($1,000,000 maximum)

 

Lost Educational Expenses

Up to a maximum of $15,000 for students.

 

Death Benefits

Benefits of $25,000 for the spouse of the victim; $10,000 for each of the victim's dependents; $10,000 to the person upon whom the victim was dependent; up to $6,000 for funeral expenses.

 

Travel Expenses

For family members of those living with the accident victim for their visiting costs during treatment or recovery.