The following article was written by Articling Student Amanda Lopez
What Are Statutory Accident Benefits?
In Ontario, the Statutory Accident Benefits Schedule (SABS), is a mandatory regulation in all motor vehicle insurance policies that ensures coverage for those injured in automobile accidents, irrespective of fault. This form of no-fault insurance extends benefits to drivers, passengers, motorcyclists, pedestrians, and others injured by an insured motor vehicle.
What Benefits Are Covered Under SABS?
Ontario’s SABS provides maximum compensation of up to $3,500 for minor injuries, $65,000 for non-catastrophic injuries, and up to $1 million for catastrophic injuries. Depending on the category of your injuries, you may be eligible for the following:
- Medical and/or rehabilitation benefits
- Attendant care benefits
- Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Death and funeral expenses
- Other expenses
Medical and Rehabilitation Benefits
If you’ve been injured in a car accident, prioritizing your well-being and recovery should always come first. Under the SABS, accident victims may qualify for medical and rehabilitation benefits to help cover various expenses in their recovery journey including chiropractic services, physiotherapy, physiological therapy, assistive devices, medications, and more.
It is important to note that benefits are limited to the amounts corresponding with the category of injury you fall into; i.e., under the Minor Injury Guideline, medical and rehabilitation benefits are limited to just $3,500.
Attendant Care Benefits
If your injury falls outside the Minor Injury Guideline, and depending on the circumstances of your accident, you may be eligible for attendant care benefits. These benefits could be put towards the costs of hiring a PSW or attendant, as well as the costs associated with staying in a long-term care facility. Eligibility for this benefit is usually dependent on the accident victim’s inability (or difficulty) in completing activities of daily living, including grooming and bathing, using the bathroom, eating, and so on.
Income Replacement and Non-Earner Benefits
Another very important benefit provided by Ontario’s SABS is the Income Replacement Benefit (IRB). If your accident-related injuries prevent you from returning to work or prevent you from working in the same capacity you did prior to your injury, you may be eligible for monetary relief under the SABS.
These benefits are calculated on a weekly basis, providing 70 percent of your gross income, capped at $400 per week. There is the possibility of increasing this benefit to $1,000 per week if you purchase an additional premium through your insurance provider.
With the exception of 7 days directly following the accident, Income Replacement Benefits are accessible for 104 weeks post-accident. Beyond this timeframe, they remain available only if the accident victim meets the higher threshold of complete inability to engage in any employment or self-employment, rather than their specific pre-accident employment.
The non-earner benefit is available to those who, as a result of their accident-related injuries, cannot return to a normal lifestyle, but are ineligible to receive income replacement benefits. In essence, this benefit is designed for unemployed individuals, retired individuals, full time students over the age of 16, and recently unemployed graduates. This benefit is up to $185 per week.
Additional Expenses
Depending on your circumstances, the SABS may provide coverage for additional costs such as:
- Caregiver benefits, aimed to provide financial assistance for those who are no longer capable of providing full-time care to a dependent from catastrophic injuries;
- Death and funeral expenses to help pay for funeral related costs;
- Other expenses such as lost educational expenses, housekeeping/ home maintenance, and costs associated with replacing personal items damaged in the accident.
You Are Still Entitled to Accident Benefits if You Are At Fault
Remember, the SABS is a form of no-fault insurance. This means that even people who are at fault for their accident can still claim benefits under the Statutory Accident Benefits Schedule.
If you or a loved one has been involved in an automobile accident, please contact our experienced team at Reybroek Law for a free consultation.