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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.

Please enable JavaScript in your browser to complete this form.

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.

Please enable JavaScript in your browser to complete this form.

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.

Please enable JavaScript in your browser to complete this form.

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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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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