A car accident can disrupt your life in many ways, and the financial impact of lost wages can be especially stressful. If you’ve been injured in a collision in Ontario, understanding your eligibility for income replacement benefits (IRB) is crucial. This guide will walk you through the essentials.
What are Income Replacement Benefits?
Income replacement benefits are a type of financial support provided by your auto insurance company if you’re unable to work due to injuries sustained in a car accident. Even if you were at fault for the accident, you may still be eligible to claim these benefits.
Who Qualifies for IRB?
To be eligible for IRB in Ontario, you must meet the following criteria:
- You have an active auto insurance policy.
- You suffered injuries in a car accident.
- Your injuries prevent you from working (either partially or totally).
- You submit your application and supporting documentation within the required timeframe.
How Much Can I Claim?
The amount you can receive through IRB depends on several factors, including your pre-accident income and the severity of your injuries. The standard policy provides up to 70% of your gross income, with a maximum of $400 per week. However, you can purchase optional coverage for higher income replacement amounts. If you’re not at fault for the accident, you can claim excess as part of your lawsuit against the at-fault driver.
When Do Benefits Start and How Long Do They Last?
IRB generally begin after a 7-day waiting period. The duration of your benefits can vary depending on the nature of your injuries and your ability to return to work. Benefits can continue for up to 104 weeks after the accident after which the qualification test changes.
How to Apply for IRB
- Notify Your Insurer: As soon as possible after the accident, notify your insurance company about your injuries and intention to apply for benefits.
- Complete the Application: Your insurer will provide an application form for IRB. Fill it out accurately and thoroughly with your employer.
- Gather Documentation: You’ll need to provide supporting documents, such as medical reports from your doctor or healthcare provider detailing your injuries and their impact on your ability to work.
- Submit Your Application: Send the completed application form and all supporting documentation to your insurance company within the specified deadline.
What If My Claim is Denied?
If your insurance company denies your IRB claim, you have the right to dispute their decision. Seek advice from a personal injury lawyer experienced in accident benefits claims. They can guide you through the appeals process and help protect your rights.
Key Considerations
- Time Limits: Strict deadlines apply for submitting your IRB application. Missing these deadlines could jeopardize your eligibility.
- Medical Evidence: Your claim’s success heavily relies on providing comprehensive medical evidence linking your injuries to your inability to work.
- Legal Assistance: If your claim is complex or you’re facing challenges, don’t hesitate to seek legal advice.