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Answers to Common Questions about Accident Benefit Claims

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Answers to Common Questions about Accident Benefit Claims

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

If you’ve been involved in an accident, you probably have a lot of questions about which benefits you can claim and how to move forward in accessing them.

Below, you’ll learn the answers to your most common benefit claims questions.

How Do No-Fault Accident Benefits Work?

No-fault accident benefits are available to anyone involved in an accident, including drivers, pedestrians and cyclists, regardless of whether the person is at fault. Even if you were responsible for the accident, you’re entitled to these benefits.

How do I Claim Long-Term Disability Benefits?

If you have long-term disability benefits through your employer, you can still receive no-fault accident benefits. Under Ontario law, you must apply to any other policies before seeking benefits from the no-fault accident insurer, who will then pay you any remaining expenses.

How do I Access Accident Benefits?

Within seven days of your accident, notify your insurance company that you plan to apply for accident benefits. They will send you documents which you must complete and return within 30 days. You will not be able to receive benefits until you have completed and submitted these forms.

What Types of Medical and Rehabilitation Treatment are Covered?

You will be covered for any medical treatment you undergo including physiotherapy, chiropractors and psychologists. You will also be covered for medications, wheelchairs and other kinds of assistive devices, transportation to and from medical appointments, employment training and counseling, and any changes you must make to your home or car due to your condition.

What are the Maximum Treatment Benefits I Can Receive?

Typically, you will be entitled to up to $65,000 for medical treatment benefits. If you have additional coverage, you may be entitled to more. For any catastrophic injuries, you can receive up to $1,000,000 across your lifetime. On the flipside, if you have very minor injuries, your benefit cap may only be $3,500.

What are the Steps to Getting Treatment?

To get treatment, you will need to complete a Treatment Plan insurance form. If a treatment plan isn’t completed by a health professional, you can be denied payment by your insurance company.

What are Attendant Care Benefits?

If you require help doing personal care activities such as bathing, dressing, feeding yourself or other activities, you can receive money to pay someone for assistance. This can include family and friends who helped you while you were hospitalized, or anyone who is a professional support worker or has experienced economic loss due to providing you care. You can receive up to $3,000 per month, up to a maximum of $65,000. For catastrophic injuries, you can receive as much as $6,000 per month, up to a maximum of $1,000,000 without a time limit.

How Do I Get Income Replacement Benefits?

If you were employed or self-employed when your accident happened and you can no longer perform the duties of this job, you are entitled to up to two years of income replacement benefits. If you were not employed when your accident happened and you worked 26 of the 52 weeks prior, but cannot perform the duties of your former position, you can also receive benefits.

This also applies for students, who can receive up to $15,000 in reimbursement if they cannot continue with school. If you are completely unable to work, you may receive these benefits for more than two years. They amount to 70% of your gross weekly income (i.e. before taxes). You can also receive benefits from other sources such as long-term disability. If you try to return to work during the first two years but are unsuccessful, it will simply reduce the amount of your benefits.

Am I Eligible for Caregiver Benefits?

If you were the primary caregiver for another person at the time of the accident, were catastrophically injured, and cannot provide an equal level of care after the accident, you may be eligible for caregiver benefits of up to $250 per week for the first dependent, and $50 per week for any additional dependents.

How do Visitors’ Expenses Work?

If family members or others who lived with you during the accident incurred expenses because of your accident, they can be reimbursed for up to two years.

How Much Can I Receive for Funeral and Death Benefits?

If someone dies in an accident, funeral expenses up to a maximum of $6,000 must be paid by the insurance company. Each of the deceased’s dependants is entitled to $10,000 and the spouse is entitled to $25,000. If the deceased was not married, the $25,000 is divided among the dependants.

It’s a good idea to talk with an Accident Benefits Lawyer after any accident to make sure you get the full compensation you deserve.

Now that you’ve learned about the benefits you may be entitled to after an accident, find out more by downloading our free personal injury recovery kit or contact us for a free consultation.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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What They Say About Us

A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!
I can’t express enough how grateful I am to the Himelfarb Proszanski Law firm. From my very first call, their team made me feel like I was their top priority. I was appointed Dan Holland, who took amazing care of my incident and its proceedings. He took the time to truly understand my situation and fought tirelessly for my best interests. He was on point with his correspondences and appointments and was prompt with his actions to follow it all up as well.

Dan Holland did an excellent job with my settlement. I am totally satisfied with the outcome.

I would not hesitate to request their services again and highly recommend them!!
God is good all the time I have witnessed it with the Himpro firm. I thank David, Silene and Mena for the selfless, professional humble attentive care and support. They truly are angels on earth. Thru my unspeakable pain, mental and physical health they really helped me and listened to my voice. When people like that care and put their heart into it you now have a fighting chance. David, Silene and Mena you have really answered your calling here on earth. If more people were like you we would be in such a better place. I thank you so much from the bottom of my heart for all your efforts, caring and support. I will never forget how you put in the time to save my life. Because you really did. I thank God everyday for all of you.🙏

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

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