Articles Ontario Accident Benefits for Catastrophically Injured Car Accident Victims – Income Replacement Benefits and Non-Earner Benefits (Part 2)
Non-earner benefits are for injured individuals who were not working at the time of the accidents and are unable to carry on the activities of their normal lives due to their injuries. This includes students who are at least 16 years old and were full-time students at the time of the auto accidents.
Individuals are eligible to receive $185 per week for 104 weeks. However, this benefit is not payable for the first 26 weeks. In other words, injured individuals have to wait 6 months before receiving this benefit.
If injured victims continue to be disabled after 2 years, they may continue to receive non-earner benefits, and the weekly payment increases to $320.
Whether a catastrophically injured crash victim is eligible depends on his/her activities before and after the accident. The activities and lives of each victim are different, and what injured individuals can and cannot do pre and post-accident will be carefully considered.
Forms Necessary to Receive Income Replacement and Non-Earner Benefits
In order to receive either income replacement or non-earner benefits, an insured injured auto accident victim must submit a completed Disability Certificate, also known as the OCF-3 form. This form must be completed by a qualified health practitioner, usually the victim’s physician, stating the nature of the injured victim’s injuries, an estimate of how long the victim will be disabled and an estimate of the length of treatment. Without this form being completed and submitted, these benefits will not be paid. Please note that there are other forms injured individuals must submit to start the accident benefits claims process. See Ontario Auto Accident Law – What Forms are Needed to Apply for Accident Benefits after an Auto Accident in Kingston or Ottawa?
Tort Claims Against At-Fault Drivers
Though injured individuals may receive income replacement benefits, the reality is that a payment of $400/week is most likely not enough to support many injured individuals. This is especially true if the injured accident victim is the bread winner of a family with children. In such instances, injured drivers may file tort claims against the at-fault driver to recover for the lost income not covered by income replacement benefits.
In addition, injured drivers, whether they receive income replacement or non-earner benefits, may also financially recover for other damages in tort claims such as medical expenses not covered by accident benefits and pain and suffering damages.
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