FAQ: If my husband suffers a catastrophic injury in a car accident, does he have to fill out a special form to receive accident benefits for the catastrophic impairment?
Answer: Yes, there is a specific accident benefits form that you need to fill out if you want to access your accident benefits for a catastrophic injury. It is called the OCF-19 Form. This form is in addition to the other “basic” forms you will need to submit on behalf of your husband.
To start the process, you must call your auto insurance company to report the accident within 7 days of the accident. However, there are situations when that is not possible. In those situations, you must report the accident as soon as possible.
Once your husband reports the accident, the auto insurance company will send forms for him to complete; these forms include:
- OCF-1 (Application for Accident Benefits) – this form requires basic information, and the injured, insured driver/passenger must answer questions about the accident and his/her work status.
- OCF-2 (Employer’s Confirmation of Income) – this form is completed by the injured driver/passenger’s employer and is required in order to obtain income replacement benefits.
- OCF-3 (Disability Certificate) – this form must be completed by the injured driver/passenger’s health practitioner who provides information about the injuries and previous injuries, if any.
- OCF-5 (Permission to Disclose Health Information) – this form must be completed by the injured driver/passenger. It gives the auto insurance company permission to access the injured individual’s medical records.
In addition, in order to receive accident benefits for a catastrophic impairment, your husband must establish that he suffered a catastrophic impairment as a result of the car accident. The OCF-3 Form is not enough to establish that. The OCF-16 Form (Application for Determination of Catastrophic Impairment) must be completed.
The OCF-16 form must be completed by a licensed physician. This should not be filled out by just any doctor. It is best that the physician who has direct and recent knowledge of your husband’s injuries and prognosis fills this form out.
If your husband has a catastrophic brain injury/impairment, this form cannot be filled out by your family doctor or an orthopedic doctor. Rather, the form must be filled out by a neuropsychologist.
However, many doctors may not feel comfortable filling out this form. In addition, it is important to keep in mind that what we consider as a catastrophic injury may not be considered a “catastrophic impairment” under the law. Therefore, it is important to talk to a personal injury lawyer who is an expert in statutory accident benefits to help guide you through the process and provide some guidance on how to work with your doctors.
Help from a Kingston Car Accident Lawyer who Specializes in Statutory Accident Benefits
At Bergeron Clifford, our car, truck and pedestrian accident lawyers are experienced lawyers who specialize in statutory accident benefits. You don’t have to do this alone, let our lawyers help make this process a little easier and less confusing. Call the lawyers at Bergeron Clifford to schedule a FREE consultation. 1-866-384-5886
