Preparing dinner, shopping for groceries, doing the laundry, vacuuming and clearing the snow – tedious but essential tasks to almost all households. What happens if you are injured in a car accident and you can no longer do your share of the home maintenance tasks?  Who can help you? Who will pay for this help?

You may be entitled to receive a housekeeping and home maintenance benefit from your own automobile insurer. There are currently three categories of accident benefits: minor, non-catastrophic and catastrophic. If your injuries are not considered “catastrophic” and you have purchased optional accident benefits with your automobile insurance policy, you can receive $100.00 per week for two years to help pay for housekeeping services.  If your injuries are considered “catastrophic”, you will receive $100.00 per week for your lifetime.

If you have a claim against the person who is at-fault for the car collision, you can receive compensation for your loss of housekeeping and home maintenance capacity.

In granting a loss of housekeeping capacity award, the courts give injured victims peace of mind and allow them to redirect their energies toward treatment, rehabilitation and more meaningful participation in other life activities while maintaining the dignity of having a well-kept home.

In McIntyre v. Docherty, the Ontario Court of Appeal confirmed that compensation will be awarded for three kinds of losses:

1. For work left undone when the injured person is unable to perform some or all housekeeping tasks.
2. When work is done by the accident victim with difficulty, and therefore this person is inefficient at doing housework.
3. When work is done by someone else, and the injured person pays for this service.

For the work left undone or the work done with difficulty, an expert, such as an occupational therapist, will assess your ability to do housekeeping tasks and compare it to your ability to do the same tasks before the accident.  You will be compensated for the difference between your ability to do housework before and after the accident. Housework should include all tasks, including seasonal tasks, small repairs and renovation and all exterior tasks.

If you pay for housekeeping and home maintenance help, make sure to keep your receipts so that you can be reimbursed in the claim against the person at-fault for your injuries.

In the recent Ottawa case of Sheldon v. Reyna, the court awarded the accident victim $11,000 per year for her loss of housekeeping capacity until age 75. At the time of the trial, the victim was 58 years old.

If you have been injured in a car accident and can no longer do your housework, contact us at Burn Tucker Lachaîne.  Our first meeting is absolutely free. We can meet you at our offices in Ottawa or in Hawkesbury, at your home or at the hospital.

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