Motor vehicle collisions have the potential to wreak havoc upon a person’s entire life. The emotional trauma, the physical injuries, and financial losses can turn a person’s entire life upside down.
If you have found yourself in a situation in which you are severely injured and thus unable to work, then you may be in a position in which you are entitled to income replacement benefits as part of your statutory accident benefits. These benefits would be available to you through your automobile insurance policy which is mandatory for all motorists in Ontario.
What are statutory accident benefits?
If you have been involved in a motor vehicle collision in Ontario, and that collision has left you injured or otherwise impaired, then you are in a position in which you are entitled to file a claim in order to receive compensation through accident benefits, regardless of whether you were a driver or passenger.
You do not have to be directly connected to the vehicle insurance policy in order to file such a claim. You could be a cyclist, a passenger, or a pedestrian and still claim statutory accident benefits either through the insurance policy of the vehicle that struck you, or through your own vehicle insurance policy, if you have any.
However, there are also people who will not be entitled to any benefits, namely uninsured drivers, people who drove without a valid license, and people who drove another person’s vehicle without their consent. If the motor vehicle collision was in any way connected to criminal activity, or its driver was later convicted for a committed crime, then said driver will also be unable to claim for statutory accident benefits. Though it should be noted that medical expenses and reimbursement for rehabilitation will still be recoverable as long as the driver’s injuries fulfill the requirements. You will need to talk with your Personal Injury Lawyer in Hamilton before you start the process of filing a claim.
What are the requirements for receiving Income Replacement Benefits?
For one, you will need to have sustained either physical or psychological injury or impairment which stems directly from the accident you were involved in. Furthermore, you will also need to have been either self-employed or otherwise employed during the time the accident took place and your injury was sustained. However, even if you were unemployed at the time, you may still qualify if you can prove that you have worked 26 weeks or more during the year leading up to the accident. Your injury will also need to be severe enough to keep you from performing essential work tasks.