If you were injured in a car accident in Ontario, you will receive benefits to pay for treatments, medical expenses and replace your lost wages.  These benefits are called “accident benefits”.  They are typically paid by your own car insurer.  If you did not have car insurance at the time of the accident, the insurer of the car that you were in will pay for accident benefits.

Details of accident benefits can be found in the Statutory Accident Benefits Schedule – a regulation under Ontario’s Insurance Act.

If you are unable to work because of your injuries, accident benefits will cover lost wages up to $400.00 per week (income replacement benefits).  But what happens if you were not working at the time of the accident? For example, if you were retired or had just finished school but had not yet found a job? You can still receive some benefits but they will be called “non-earner benefits”.  These benefits will be paid in addition to the treatments and medical expenses.

Non-Earner Benefit

You can receive non-earner benefits (“NEB”), if you meet a specific test.  The test is outlined in the Statutory Accident Benefits Schedule and is as follows: Do you suffer a complete inability to carry on a normal life because of your injuries?   You will meet this test if you are continuously prevented from engaging in substantially all of your activities.

To determine whether your meet the test, the auto insurer will look at:

1.         your activities and life circumstances before the accident

2.         your activities and life circumstances after the accident.

You will need to show that you are prevented, since the accident, to engage in activities that you did before the accident.  All of your pre-accident activities should be considered but more weight will be given to activities that you say were important to your life before the accident. If you have returned to some of your activities, the insurance company will look at the degree to which can you perform these activities.  Are you restricted from fully performing the activities that you enjoyed?

The amount of the NEB is $185 per week. It is payable starting 4 weeks after the accident and for a maximum of 2 years after the accident.

NEB is not payable if you are under the age of 18.

If you were 65 years old or older at the time of the accident, the amount of the NEB will be less but the entitlement test is the same.

Conclusion

If you have been injured in a car accident, you may be entitled to income replacement or non-earner benefits.  Consult one of our lawyers at Burn Tucker Lachaîne to know more about accident benefits. Our initial consultation is always free.

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