Income Replacement After Car Incident 01

Income Replacement

When you cannot immediately return to work following a collision – know your rights

The pain and suffering that you incur following a motor vehicle accident can make it difficult for you to return to work. Whether a soft tissue injury or a catastrophic trauma, you may be side-lined for anywhere from weeks to years. It is very important to understand what your financial support options and remedies are when you cannot return to work following a motor vehicle collision. The following options can provide you and your family with some peace of mind while you work on your recovery.

Under the Ontario Insurance Act, if you have sustained an injury in a motor vehicle collision, you may qualify for mandatory statutory benefits under the Statutory Accident Benefits Schedule (SABS) related to missing work, known as income replacement benefits.

To qualify for the income replacement benefit, the injured person must:

  • be substantially unable to perform the tasks of their employment due to the accident and within 104 weeks (or two years) of the accident, and
    – have been employed at the time of the accident; or
    – had been employed for most of the past year prior to the accident; or
    – was self-employed at the time of the accident; or
  • if not employed then receiving Employment Insurance for at least 26 weeks before the accident; or
  • was at least 16 years old at the time of the accident and permitted not to attend school.

The maximum income replacement benefit allowed under SABS is 70% of an employed injured’s gross weekly income, or the employed injured’s gross income in the four weeks prior to the accident, multiplied by 13, up to a maximum of $400 per week, for a maximum of 104 weeks (two years), and any other benefit that you may be entitled to receive will be deducted from your SABS income replacement benefit.

You may be eligible for a higher income replacement benefit if you opted to purchase higher limits to the income replacement benefit your private automobile insurer (which could be a maximum of $1000 per week) prior to your accident.

The SABS income replacement benefit is not payable until after the first week following your accident. Your eligible gross income is calculated using a variety of documents, such T4s, pay stubs, income tax returns and bank statements.

The maximum income replacement benefit is subject to deductions for injured persons 65 years old and over. Following the two year income replacement benefit period, if you are still disabled, you may be eligible to receive a non-earner income replacement of a maximum of $185 per week.

Other benefits which you could be eligible to receive include:

  • Employment Insurance Sickness Benefit, which provided you qualify, provides you with an average of 55% of your insurable weekly earnings up to $547 per week, for a maximum of 15 weeks.
  • CPP Disability Benefit, for which a disability must be both severe and prolonged, you have made contributions to CPP, amongst other criteria. In 2016, the CPP Disability Benefit ranged from an average of $933.82 per month, to a maximum of nearly $1300 per month.
  • Employer short-term and long-term disability benefits, which are dependent on the terms of your group insurance policy.

Some of these remedies have strict deadlines, and can involve complex submissions of medical, income and disability documentation. At Howard Yegendorf & Associates, we have nearly 50 years of combined experience with personal injury claims. If you have been seriously injured in a motor vehicle collision and cannot immediately return to work, please contact us, and let us help you obtain the maximum amount of income replacement possible, while you focus on healing from your injuries and putting your life back together.

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“Howard and Najma protected and helped us during a terrible time in our lives.”

At Howard Yegendorf & Associates, we have nearly 50 years of combined experience with personal injury claims. Our primary focus is on catastrophic injuries such as brain and spinal cord injuries and wrongful deaths, but we will guide and represent you during any personal injury case.

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Rony Podolsky
Rony Podolsky
13:34 19 Jan 18
Mr. Yegendorf is very different than the stereotypical lawyer. He is sympathetic to his clients and eager to help.Probably one of the most ethical, professional and experienced lawyers out there.Highly recommended!
Natalia Bradu
Natalia Bradu
15:46 17 May 17
I can not express my warmest wishes to Howard Yagendorf and his amazing team. I had a great experience working with them and I'm so thankful to his expertise and help in my difficult situation. He guided me and my family through the process and helped us to get the outcome we've never hope about. Great people, great team and overall experience was easy and worry free. Thank you so much.
Michael Dagenais
Michael Dagenais
16:42 14 Mar 17
I have known Howard for nearly 20 years. During that time he not only helped me with sound, expert advice pertaining to a "Ponzi scheme" that devastated my family, he has helped countless others. He is dedicated to the law and a true expert in his field. I know first hand that he has changed the destiny of many of his clients , allowing them to move forward with dignity after suffering catastrophic events. He cares deeply , has dogged determination, vast experience and his team of lawyers and support staff are second to none. I would highly recommend Howard and his team.
Brian Mandelker
Brian Mandelker
15:41 21 Apr 17
Howard is an excellent, meticulous lawyer. Perhaps even more important though, is that he is a compassionate human being. A very good listener and an even better questioner!
Stephen McGill
Stephen McGill
14:22 16 Feb 17
I've known Howard Yegendorf for well over a decade and consider him to be one of the most capable, professional, knowledgeable and trustworthy people I've met in my business career. His attention, compassion and skills were reinforced to me when he helped a very close family member with a potentially serious legal situation. Without hesitation I will continue to recommend Howard and his firm to anyone who wants exceptional legal representation.
Carol Dunlop
Carol Dunlop
02:09 04 Mar 19
2 years ago I was hit by a car on Hunt Club and Riverside intersection in Ottawa, the lady behind the wheel was not looking at me at all even though I had white sign for crossing. She stopped before the traffic light, I stepped on the crosswalk and she just turned right while looking to the left. She bumped me with her car and my foot got stuck under rear passenger wheel. Then she apparently panicked and went backwards rolling over my foot one more time. Later at emergency they diagnosed me with multiple bone fractures, I had to go through 2 complicated surgeries and over a year of rehab before I could use my foot again. And it still hurts when I run, jump, stand for too long or stress it somehow else.Engaging Howard Yegendorf and his team shortly thereafter was one of my best decisions ever. His knowledge, and confidence told me I was working with the best professionals I could have found. Howard guidance was invaluable. He listened and helped me throughout the case. We were both patient and that patience produced positive results.He helped me to deal with insurance company, guided me through LTD insurance and closed my case for really good amount of compensation.
Jonny Hare
Jonny Hare
09:00 05 Mar 19
In 2014 I was involved in a car accident on HWY 417 near Ottawa. It involved myself and two other vehicles being rear ended. I was the middle vehicle and ended up being transported by ambulance to Queensway hospital. My injuries were misdiagnosed at the time of the accident and I was referred to Howard Yegendorf. I met with Mr. Yegendorf and he showed me overwhelming concern and care for my situation, injuries and surgery. He explained how he could file liens for surgery and physical therapy to resolve my health issues sooner rather then later. He then fought 100% with the auto insurance company completely looking out for my best interest.I cannot put into words how tremendously grateful l am for everything that Howard Yegendorf has done for me and my family!
rath khan
rath khan
20:04 28 Jul 19
Receptionist She is always in bad mood. I did observe her a lot. If you are happen to be other ethnicity than caucasian , she will racially profile you. She doesn't have simple courtesy . Also one of the lawyer I dealt with not professional at all and rest of the lawyers I don't know much about them. At this place, you don't feel like they care about your situation much.
rath khan
rath khan
20:04 28 Jul 19
Receptionist She is always in bad mood. I did observe her a lot. If you are happen to be other ethnicity than caucasian , she will racially profile you. She doesn't have simple courtesy . Also one of the lawyer I dealt with not professional at all and rest of the lawyers I don't know much about them. At this place, you don't feel like they care about your situation much.
Jonny Hare
Jonny Hare
09:00 05 Mar 19
In 2014 I was involved in a car accident on HWY 417 near Ottawa. It involved myself and two other vehicles being rear ended. I was the middle vehicle and ended up being transported by ambulance to Queensway hospital. My injuries were misdiagnosed at the time of the accident and I was referred to Howard Yegendorf. I met with Mr. Yegendorf and he showed me overwhelming concern and care for my situation, injuries and surgery. He explained how he could file liens for surgery and physical therapy to resolve my health issues sooner rather then later. He then fought 100% with the auto insurance company completely looking out for my best interest.I cannot put into words how tremendously grateful l am for everything that Howard Yegendorf has done for me and my family!
Julie
Julie
13:50 23 Nov 19
Najma from Howard Yegendorf's office represented me and she is the lawyer you want on your team. Najma has incredible skills at negotiating and getting the results that you deserve.Najma helped me through the worst nightmare of my life and I will always appreciate the compassion she showed me. From the moment I handed my case to Howard Yegendorf and Associates it was like a weight was lifted off of me and I knew everything was going to be just fine.
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