WHO CAN MAKE A CLAIM FOR CAREGIVER AND HOUSEKEEPING ACCIDENT BENEFITS? (June 9, 2020)
In Ontario, when you get into a motor vehicle accident (MVA), you may be eligible for Ontario accident benefits from your insurance company or the insurance company of the driver who was at fault. Depending on the severity of your injuries, there are several benefits that you may claim for, a few of which being the caregiver and housekeeping benefits.
A caregiver is considered someone who is responsible for providing care to others, such as a child, or a dependent adult living in the same household.
The caregiver benefit was designed to reimburse expenses that arise when a catastrophically injured victim, who as a direct result of a motor vehicle accident, is substantially unable to perform caregiver duties they were previously engaged in.
Under the Ontario automobile insurance legislation, if a person were insured at the time of the MVA, and were providing care to a dependent at the time that they were injured, they may be eligible for caregiver benefits to compensate for the cost of hiring help to take over the care of their dependent.
To be entitled to this benefit, there are four criteria that the injured person must first satisfy. At the time of the accident, the injured person must:
- have been the primary caregiver for a person in need of care.
- reside in the same household as the person in need of care.
- not have received income for the caregiving activities.
- as a result of the accident, suffered an impairment that resulted in a substantial inability to engage in the caregiving activities in which they were engaged in at the time of the accident.
Though it is not necessary to prove complete impairment, a claimants’ case will be determined based on case law principles and the medical evidence provided.
Housekeeping benefits can only be claimed in the most serious of situations that involve catastrophic impairment. The current legislation, the Ontario Statutory Accident Benefits Schedule (SABS) makes available up to a maximum of $100 per week in housekeeping benefits.
The housekeeping benefit is intended to reimburse the expenses that arise when an injured person is not capable of performing their pre-accident household chores. So, if you are unable to perform your usual housekeeping duties, your accident benefits can remunerate you for someone performing these duties for you.
If you believe that you may have a claim for accident benefits, do not hesitate to contact Arkadiusz J. Empel at Empel Law, by dialing 416-479-8531 (ext. 101).
Po Polsku (In Polish)
Arkadiusz J. Empel urodził się w Polsce, w Katowicach. Jest biegły w języku polskim i gotowy pomóc kliętkom w sprawach lokalnych oraz zagranicznych. Aby zasięgnąć pomoc oraz porade w języku polskim, prosze zadzwonić pod number 416.479.8531 (ext. 101).