Ontario government making attendant care benefits more restrictive
December 29, 2013, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
The Ontario Government will be enacting changes to the Statutory Accident Benefits, effective December 17, 2013 (the date filed). The changes certainly appear like a move to make it more difficult for an insured, injured in an accident, to obtain access to a fair level of benefits. Each of the three changes will make the respective benefit more difficult to obtain or restrict a previously available benefit.
Minor Injury Guideline:
The first change deals with any pre-existing medical condition. In order for the pre-existing medical condition to assist an insured to get out of the Minor Injury Guideline, the pre-existing condition now must have been documented by a medical provider prior to the car accident.
Attendant care benefits payable:
The Ontario Government will also be limiting the amount of attendant care benefits payable to the amount of the economic loss, unless the person providing the attendant care does so in the ordinary course of the providers business. If the provider is a family member or friend, who is giving up employment to assist, then the amount payable for attendant care is limited to the amount of the actual economic loss. In a case where an insured will require 24/7 care, this effectively provides an economic limitation for many family members or friends to provide this type of care and leaves it predominantly with the private sector. It is difficult to understand the reason for this change. If it is accepted that there is the potential to compensate for this service at the Form 1 levels, which already do not reflect the reality of the marketplace, what does it matter if the service is provided by a family member or a support worker. Each provides advantages to the injured person, but now certainly one type of support has been severely limited.
Electing income benefits:
The final change restricts the ability of the insured to elect another income benefit after the initial election. The election is final unless the insured is subsequently considered to have sustained a catastrophic impairment.
|Posted under Accident Benefit News, Automobile Accident Benefits, Car Accidents, Catastrophic Injury, Chronic Pain, Minor Injury Guidelines, Pain and Suffering
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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.
It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.