Question: My husband was in a serious car accident in Kingston, Ont. I filed an accident benefits claim for him with our auto insurance company, but what kind of benefits can he receive? Is he eligible for attendant care benefits?
Answer: Some of the benefits your husband is eligible to receive after a Kingston car accident include, but not limited to:
- medical and rehabilitation care benefits,
- income replacement benefits,
- caregiver benefits,
- reimbursement for housekeeping and home maintenance, and
• in the event of death, death and funeral benefits.
Medical and Rehabilitation Care Benefits
Medical and rehabilitation care benefits cover the your husband's medical and rehabilitation expenses incurred as a result of the car accident. However, it is important to note that medical and rehabilitation care benefits only cover expenses not covered by your husband's Ontario Health Insurance Plan (OHIP).
Income Replacement Benefits
In addition to medical and rehabilitation care benefits, your husband may be eligible to receive income replacement benefits. If your husband cannot work because of his injuries from the accident, he can be compensated for his lost income. However, income replacement benefits do not pay for 100% of your husband's lost wages. Under Ontario law, your husband is entitled to 70% of his gross income, with a maximum of $400/week, for the first 104 weeks that your husband is unable to perform the essential responsibilities of his job.
Does mean after 104 weeks, your husband can no longer receive income replacement benefits? No. If he is still unable to perform his job after 104 weeks, he may continue to receive income replacement benefits so long as he is still disabled and cannot work at any other job that he may be qualified for based on his education and experience. From your question, you say that your husband is seriously injured. If he has serious catastrophic injuries such as traumatic brain injury or catastrophic orthopedic injuries, he will likely to be able to continue to receive income replacement benefits beyond the first 104 weeks.
Attendant Care Benefits
If your husband is catastrophically injured, he may also receive attendant care benefits. Catastrophic injuries are very specific under Ontario law. For a discussion of catastrophic injuries in the context of motor vehicle accidents, see Kingston, Ottawa & Whitby Car Accidents - What is a Catastrophic Injury? (Part 1)
Attendant care benefits cover reasonable and necessary expenses incurred as a result of catastrophically injured drivers/passengers being unable to care for themselves. For example, if you need to hire a home aid to help your husband perform daily activities such as bathing, grooming or feeding, you husband may receive $6,000 in attendant care benefits per month, up to a total of $1,000,000.
You want to make sure that your husband receives all the accident benefits he is entitled to. Feel free to call our office to schedule a FREE consultation to talk to our experienced Kingston car accident lawyers. 1-866-384-5886