Auto Accidents and the Caregiver Benefit
If you have been injured in an auto accident in Ontario, you are likely eligible for statutory accident benefits. Accident benefits are available under the automobile policies of the involved vehicles or, in certain circumstances, under the Motor Vehicle Accident Claims fund where uninsured vehicles and individuals are involved.
Statutory accident benefits provide coverage for things like medical and rehabilitation expenses and attendant care following an accident. There are also certain weekly benefits available to injured persons, including income replacement benefits, non-earner benefits, and caregiver benefits.
A person may be eligible to receive a caregiver benefit if they were not employed and were providing full time care to dependents prior to an accident and can no longer provide that care due to their accident-related injuries. The amount of the benefit is up to $250 per week for the first dependent and $50 for each additional dependent, which helps to cover the costs associated with hiring another caregiver to care for the injured person’s dependents.
Under the standard accident benefits coverage, the caregiver benefit is only available to people who have sustained catastrophic impairments as a result of an accident. There are several different ways for a person to be deemed catastrophically impaired following an accident but suffice it to say that the injured person must have sustained serious and lasting injuries and impairments in order to meet this designation under the applicable legislation.
In Ontario, it is possible to purchase enhanced statutory accident benefits coverage, known as optional benefits. Adding enhanced optional benefit coverage to your automobile policy can expand the eligibility to access a caregiver benefit following an accident, from only applying to persons who have sustained a catastrophic impairment to applying to persons who have sustained any injury, provided of course they meet the other criteria for entitlement. Adding this coverage may be highly beneficial if a caregiver is later injured in an accident and unable to meet their caregiving responsibilities due to the injuries they sustained.
If you have been injured in an accident, the Siskinds’ personal injury team is here to provide legal expertise and advocacy with skill and compassion.
Christina Martin, Personal Injury Lawyer, Siskinds
