Case Commentary – Non-Earner Benefits Are Payable Despite Return to Work


The Financial Services Commission of Ontario (FSCO) ruled that a claimant could still receive non-earner benefits after a motor vehicle accident, despite having returned to his pre-accident employment.

Claiming non-earner benefits after a car accident

Anyone that is injured in a car accident in Ontario may be eligible to claim accident benefits, which are intended to provide some compensation for expenses incurred as a result of your injuries. For example, coverage may be available for your medical and rehabilitation costs, lost income, or your loss of capacity to undertake your day-to-day chores and activities.

Non-earner benefits are type of weekly benefit payment for claimants whose severe injuries prevent them from engaging in their normal, pre-accident daily life, and in addition were either students, recent graduates, or otherwise unable to claim income replacement benefits.

Sadat v. TD General Insurance Company 

The claimant in this case suffered an inner ear concussion in a car accident, leading to complete hearing loss in his left ear and partial loss in his right. This led him to develop serious mental health issues. He was ineligible for income replacement benefits because he had been able to return to work through extensive treatment, and the use of assistive hearing devices. Despite returning to work, the arbitrator found that his injuries had caused him to suffer, “a complete inability to carry on a normal life,” after the accident. Due to his injury, and ongoing mental illness, he was unable to, “fully engage in substantially all of his activities in the way he did before the accident,” which was considered a significant impairment.

Having met the two requirements for non-earner benefits, the claimant was entitled to these weekly payments from his accident benefits provider.

Support and advice for serious accident benefits claims

At Jasmine Daya & Co., we have decades of experience representing seriously and catastrophically injured claimants in their accident benefits claims. We argue on behalf of clients at FSCO arbitration, as well as fighting for compensation through an available civil claim. We combine a track record of success with a strong dedication to our clients, providing knowledgeable and trustworthy support at every step.

We offer free consultations for new clients. Contact us online, or call our office at 416-967-9100 to make an appointment.