If any title- like in Statutory Accident Benefits Schedule- has four words in it, it is bound to be complicated. Especially if one of those words is statutory. If you were in a motor vehicle accident, the last thing you need is more stress. Therefore, we want to explain, albeit briefly, what this means.
Under Ontario law, anyone injured in a motor vehicle accident may have two potential claims. The first one is a claim for statutory accident benefits, and the second one is a tort action (a suit against the at-fault party; a topic that deserves its own blog post). In this blog, we will only discuss the first aspect of the claim- the accident benefits.
Since Ontario is a no-fault province, under accident benefits, it does not matter who is at fault for the accident (or who caused the accident) because either party is entitled to receive benefits from his or her own insurance company. For accident benefit purposes that insurance company may be your own policy, your spouse’s policy, your parent’s policy, the policy of the driver of your vehicle, or some other source. There is a priority chart, and we can help you determine which insurance you would file a claim with.
- Possible benefits could include:
- Income Replacement
- Medical Rehabilitation
- Non-earner Benefits
- Caregiver Benefits
- Housekeeping and Home Maintenance Benefits
- Attendant Care Benefits
- Other Benefits, such as visitors expenses, replacing damages eye wear/clothes as a result of the accident, funeral expenses, death benefits, etc.
In this blog, we will discuss the Medical Rehabilitation benefit and the Housekeeping and Attendant Care benefit.
Medical Rehabilitation Benefit:
Under Ontario’s Statutory Accident Benefits Schedule (SABS) an injury can fall into one of three categories: 1. a minor injury guidelines (MIG); 2. Non-minor injury; or 3. Catastrophic injury or impairment. The type of category your injury is placed in will impact the extent of your benefits under the SABS. Minor injuries, which are defined by the SABS, include cuts, bruises, strains, sprains, and whiplash. Unfortunately, insurance companies are exploiting the minor injury category, and are considering otherwise more serious injuries as minor. The legislature says that you can get up to $3,500 for your medical or rehab needs. Catastrophic injuries, also defined by the SABS, include amputated limbs, spinal cord injuries, or serious brain damage. Here the law stipulates that you can get up to $1,000,000 for catastrophic injuries. The Non-minor injury is the in-between category. For those injuries, you may be entitled up to $50,000.
Insurance companies tend to place most people in the minor injury category. One of the reasons you may need a lawyer is to pull you out of the MIG.
If eligible, insurance companies may be required to pay $100 per week for reasonable and necessary additional expenses incurred by or on behalf of an insured person for housekeeping and home maintenance services.
Attendant Care Benefit:
Again, if you are eligible- which is certainly a shot in the dark the way insurance legislation is heading- you may receive reasonable and necessary expenses for an aide, attendant care or long-term care facility. Due to recent limitations, there are even more restrictions on this benefit.
We will discuss the other benefits in subsequent blogs, but it is important to note that these benefits are not limitless. To the contrary, each benefit may have a requirement that needs to be fulfilled before obtaining that benefit. To find out more about your eligibility to receive benefits under the SABS, please contact Toronto personal injury lawyers Bergel, Magence, LLP at 416-665-2000.