After you have been involved in a car accident, you may be eligible to claim Income Replacement Benefits, Non-Earner Benefits or Caregiver Benefits from your automobile insurer using the OCF-10 election form.
Whether you can make the claim for these benefits depends on the insurance policy responding to your claim and your eligibility under Ontario’s Statutory Accident Benefits Schedule (SABS).
What Is the OCF-10 Used For?
The OCF-10 is used for motor vehicle accident claims in Ontario that occur on or after November 1, 1996. It requires an insured person to choose between three weekly benefits available under Ontario’s Statutory Accident Benefits Schedule (SABS):
- Income Replacement Benefits (IRBs)
- Non-Earner Benefits (NEBs); or
- Caregiver Benefits.
You can only receive one of these benefits – even if a person technically qualifies for more than one category, they must elect only one benefit on he OCF-10 form.
This election determines the type of weekly financial support the injured person will receive following the accident and can affect long-term compensation entitlement.
The Three Benefit Options in the OCF-10
Income Replacement Benefits (IRBs) in Ontario:
- Are generally available to individuals who were working at the time of the accident and are now unable to return to work because of accident-related impairments;
- Need to submit an OCF-3 Disability Certificate that supports entitlement;
- You must meet a test to be eligible for payment of the benefit:
- In the first two years after the accident – the question is can you go back to your “essential tasks” of your job at the time of the accident; and
- After the first two years following the accident – the question is can you do any job for which you are reasonably suited based on your education, training and experience.
- The benefit can be payable past age 65.
Non-Earner Benefits (NEBs) in Ontario:
- Intended for individuals who were not working at the time of the accident;
- Must have suffered an impairment that “continuously prevents” you from engaging in “substantially all” of your normal life activities;
- Need to submit an OCF-3 Disability Certificate that supports entitlement;
- Not payable for the first 4 weeks after the accident;
Only payable for the first 104 weeks (2 years)
Caregiver Benefits in Ontario:
- Payable if the injured person was the primary caregiver and is substantially unable to care for the person they cared for before the accident;
- The injured caregiver needs to have been residing with the person they cared for;
- Need to submit an OCF-3 Disability Certificate that supports entitlement;
- Payable:
- $250 per week for first person in need of care;
- $50 per week for each additional person in need.
- After 104 weeks (2 years) the injured caregiver must prove they suffer a complete inability to provide care
Is the OCF-10 Election Final?
In most cases the OCF-10 election is final.
The exception is if the injured person is later found to have sustained “catastrophic” impairments under the SABS.
This means that selecting the wrong benefit can have long-term financial consequences.
Timing and Practical Considerations for the OCF-10
The completed OCF-10 must be returned within 30 days from when you received it.
Failing to meet this deadline can delay benefits and create unnecessary disputes with the insurer.
Given the importance of this election and the fact that it is generally irrevocable, injured individuals should strongly consider obtaining legal advice from an Ontario car accident lawyer before submitting the OCF-10 form. A careful and informed election can make a significant difference in the financial stability of an injured person during their recovery.
If you have questions about Income Replacement Benefits, Non-Earner Benefits or Caregiver Benefits after a motor vehicle accident in Ontario, contact our office for a few consultation.
