If you’ve been injured in a car accident and haven’t been able to return to your regular job, you may be wondering whether you’re still entitled to Income Replacement Benefits (IRBs)—especially if more than two years have passed since your accident.
The short answer? Yes, you may still qualify, even if you’re working in a limited capacity.
What Are Income Replacement Benefits (IRBs)?
IRBs are available through your auto insurance policy if you’ve been injured and can’t work. These benefits help replace lost income—covering up to 70% of your pre-accident earnings, to a maximum of $400 per week (or higher if you purchased optional coverage).
How Eligibility for IRBs Changes After 104 Weeks
Your eligibility for IRBs depends on your ability to work, and it’s assessed in two stages:
- First 104 weeks after the accident: You must be unable to perform the essential tasks of the job you had before the accident.
- After 104 weeks: The test becomes more demanding—you must prove a complete inability to engage in any employment for which you are reasonably suited based on your education, training, and experience.
In other words, after two years, it’s not just about returning to your old job—it’s about whether you can do any suitable job at all.
You Can Still Qualify Even If You’re Working
Recent legal decisions have confirmed that working part-time or in a limited capacity doesn’t automatically disqualify you from receiving post-104 week IRBs. What matters is whether you can work consistently and effectively in a role that fits your background.
Case Highlights
McLean v. Primmum Insurance Company (2023)
The claimant, a field placement officer and part-time college professor, worked 20–30 hours a week before the accident. After the accident, she could only manage about 6 hours per week due to chronic pain and fatigue.
While the insurance company argued she could take on similar roles like a recreation coordinator or teaching assistant, the Tribunal disagreed. They found that:
- These roles did not offer similar income or professional status,
- The claimant’s post-accident limitations made it impossible to maintain regular employment,
- And ultimately, she met the “complete inability” test.
Festarini v. Aviva General Insurance Company (2025)
This claimant had a promising real estate career prior to the accident. While he was technically still working, his ability to function was drastically reduced:
- He couldn’t work for more than 30 minutes without a break,
- Most of his post-accident income came from deals started before the accident or with the help of colleagues,
- He needed frequent and extended rest periods to manage symptoms.
The Tribunal again ruled in favour of the claimant, awarding him IRBs beyond the 104-week mark.
What This Means for You
If you’re struggling to return to your pre-accident work—or any job that aligns with your skills and background—you may still be eligible for IRBs, even after two years.
These cases show that it’s not about whether you’re doing something—it’s about whether you can hold a job that’s suitable and sustainable over time.
Don’t Give Up on the Support You Deserve
The rules around IRBs can be complex, especially when it comes to long-term claims. If you’re unsure about your eligibility or if your insurer has denied your benefits, Virk Personal Injury Law is here to help.
Contact us today for a free consultation. We’ll review your situation, explain your rights, and fight to get you the benefits you’re entitled to.
