If you have been involved in an accident and your injuries stop you from being able to work, you may be entitled to income replacement benefits. Eligibility for income replacement benefits depends upon the extent of your injuries and the calculation of your income loss.
Income replacement benefits are offered as part of Ontario’s Statutory Accident Benefits Schedule (SABs), which is required, by law, to be a part of every kind of auto insurance offered within the province.
Income replacement benefits help to give you financial relief after an accident and are available for all victims and can run past age of 65. Your accident must have resulted in an injury that means you cannot perform the essential duties of your pre-accident employment..
If you think you may be entitled to income replacement benefits, then you will require a personal injury lawyer to help you understand the benefits you’re entitled to and the kind of income replacement you will receive. Below, we’ve summarized as much information as possible for anyone looking into income replacement benefits.
Who Is Entitled To Income Replacement Benefits?
To be entitled to income replacement benefits, you must meet the below criteria:
- Your injuries must be severe enough that you are disabled from performing the essential duties of your pre-accident employment.
- You must have been employed or self-employed at the time of the accident or
- You must have worked for 26 weeks out of the 52 weeks preceding the accident or
- You must have been receiving employment insurance at the time of the accident.
How Much Income Is Replaced?
If you are entitled to income replacement benefits, you will receive up to 70% of your gross weekly income, or $400 per week, whichever value is less. The figure you receive is based on your employment history.
Benefits are calculated either using your gross income in the 52 weeks before the accident or on your gross income four weeks before the accident multiplied by thirteen.
Your benefits will be reduced if you receive any other income replacement. It is important to note that income replacement benefits are not payable in the first seven days after an accident.
How Long Do Income Replacement Benefits Last?
Income replacement benefits based on the pre-accident employment test last 104 weeks (or two years) following an accident. After this time, the criteria to qualify for income replacement benefits changes and becomes more challenging. You will need to prove you are still unable to work but this time at any job that you are suited for by reason of your education, training and experience, and some insurance companies will require you to undertake medical assessments as proof. This is often when an experienced accident benefit lawyer is valuable to you as they can build the case to assist in supporting your position that you meet this more challenging case and if the insurance company still denies you income replacement benefits, they will help you dispute the denial at a hearing through the Licence Appeal Tribunal (LAT).
How Can A Personal Injury Lawyer Help?
If you think you may be entitled to income replacement benefits, but are unsure of how to claim them, then a personal injury lawyer can help you. A personal injury lawyer will help you fill out paperwork promptly and navigate your claim efficiently.
They may also be able to communicate with insurance companies if they become difficult to deal with and make the process as stress-free as possible for you.
If You Are Looking For Professional Income Replacement Lawyers In Hamilton, Ontario, Reach To Virk Lawyers Today!
Virk Personal Injury Law can help you if you require a personal injury lawyer. As a team of dedicated and experienced personal injury lawyers, we’re on hand to help out Hamilton residents who have been in an accident and are entitled to income replacement benefits. Contact us today to find out how we can help you.