Perhaps one of the greatest hurdles that individuals who experience a personal injury, as a result of a motor vehicle accident or slip and fall, will experience, touches on their ability to maintain employment. Often, injuries are to a degree where the individual cannot return to work, whether it’s as a result of physical or psychological limitations.
Many times, they may have disability benefits available to them via a short term or long term disability plan, paid through their employer. Applicants must ensure that they apply for these benefits, as they are the priority payer in such cases. For individuals who do not have access to disability benefits, an application to their first party insurer, along with medical evidence of their inability to work and an employer’s confirmation form (indicating their income) will often qualify them for an “income replacement benefit.”
This benefit is calculated at 70% of one’s gross income, paid to a maximum of $400/week. Unfortunately, unless optional benefits were purchased, the $400/week cap is strict, regardless of one’s income prior to their injury. Simply put, an individual who makes $100,000/year, and an individual who makes $50,000/year, will both only receive $400/week from their own insurance company for income replacement. However, if the injured party is not at fault, their personal injury lawyer will attempt to recuperate a portion of the difference from the insurer of the at-fault party.
At Tafakori Khan LLP, we understand that while your injuries may prevent you from working, the bills don’t simply stop. On the contrary; individuals may find that they have additional costs now, in order to help themselves carry on with normal life, until their case is concluded. Understanding how insurers are responsible to pay is complex and time consuming For this reason, it is important that you contact your experienced Toronto Personal Injury Lawyer, so you can begin your route to recovery.