Catastrophic Injury and Non-Catastrophic Injury: STATUTORY ACCIDENT BENEFITS
Did you know that regardless of who is at fault, people injured in motor vehicle accidents in Ontario may be entitled to certain accident benefits from their own motor vehicle insurance company regardless if they have suffered a catastrophic injury or not?
Even if you do not have car insurance, if you suffer personal injury in a car accident, you are entitled to receive compensation from the Ontario government.
Effective September 1, 2010, the SABS or Statutory Accident Benefits Schedule states that among other Ontario accident benefits available, Ontario accident benefits include:
- an Income Replacement Benefit of up to $400 per week,
- an Attendant Care Benefit of up to $3,000 per month with a maximum of $36,000, and
- Medical and Rehabilitation Benefits of up to $50,000 over a 10-year period following an Ontario accident.
If a person dies in an Ontario motor vehicle accident, Ontario accident benefits are available for Funeral Expenses as well as a Death Benefit.
If the personal injury is more serious and is deemed within the definition of “catastrophic impairment injury”, there is an increase to:
- $1,000,000.00 in Medical and Rehabilitation Benefits and
- $1,000,000.00 in Attendant Care Benefits which are payable over the course of an injured person’s life.
People who have suffered catastrophic injury are also eligible for Case Management Services as well as other Ontario accident benefits such as Housekeeping and Home Maintenance Benefit of $100.00 per week payable for the duration of their lifetime.
What is the difference between a Catastrophic injury and a Non-Catastrophic injury?
Let’s start by looking at the Ontario accident benefits…
What are NON-CATASTROPHIC benefits?
- Income Replacement Benefit – 80% of net weekly income up to a maximum of $400.00 per week for a maximum period of 104 weeks.
- Non-Earner Benefit – $185.00 per week to a maximum period of 104 weeks.
- Caregiver Benefit – $250.00 per week for 1st child and $50.00 per week for each subsequent child for a maximum period of 104 weeks. Only applies for children under the age of 16.
- Attendant Care Benefits – $3,000.00 per month maximum to a maximum period of 2 years.
- Medical and Rehabilitation Benefits – $50, 000.00 maximum. 10-year maximum period.
What are CATASTROPHIC INJURY benefits?
- Medical and Rehabilitation Benefits – $1,000,000 to use over the course of the injured person’s life.
- Attendant Care Benefits – $1,000,000 to use throughout life. The monthly payment maximum is $6000.00
What are these Ontario Accident Benefits?
- Income replacement benefits help replace lost income if an employed or self-employed claimant is disabled.
- Caregiver benefits pay certain childcare or other caregiver expenses if a stay-at-home parent or other caregiver is unable to care for a child or other person in need of care.
- Non-earner benefits are paid if a claimant who is not employed or self-employed is unable to carry on with normal life.
- Medical and rehabilitation benefits pay for treatment and rehabilitation assistance that is not covered by OHIP or another disability insurance plan.
- Attendant care benefits pay for someone to look after a seriously injured claimant.
- Funeral expenses and death benefits are paid if an insured person dies as a result of the accident.
Depending on your circumstances, you may also be entitled to other benefits, such as payments for lost education expenses, housekeeping assistance, visitors’ expenses, repair or replacement of eyeglasses or clothing damaged in the accident, or case management services.
Each and every case is different and to know exactly what you are entitled to, it is best to consult an Ontario personal injury lawyer specializing in Ontario car accidents.