Claiming Income Replacement Benefits (IRB) After a Car Accident

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  • After a car accident, injured victims have access to statutory accident benefits through their own vehicle’s insurance provider, or the insurer of the vehicle that hit them. If you are seriously hurt after an accident and are unable to return to work, you may be eligible to claim income replacement benefits, or “IRB” to partially compensate you for lost wages.

    Who can make a claim for IRB?

    Income replacement benefits are available to someone that was employed on the date of the accident but, as a result of their injuries, is substantially unable to perform the essential tasks of their employment. If someone was not employed on the date of the accident, they may still be eligible for some income replacement if they were employed for 26 out of the 52 weeks before the accident, or were claiming employment insurance, and are substantially unable to perform the essential tasks of that employment. IRB coverage may also be available to students that are unable to attend school due to their injuries.

    Claimants must submit a form, completed by a medical professional, outlining their injuries and the extent of their impairment and why they are unable to work.

    What does the IRB cover?

    There are no IRB payments in the first seven days after an accident. After this period, payments cover up to 70% of gross weekly income to a maximum of $400 per week. Optional coverage may be purchased to increase this amount. Any income you earn during this period will be deducted from your benefit amount. IRB payments will also be deducted by any amount you receive from another long term disability insurance plan.

    After two years, IRB payments will only continue if your injuries render you completely unable to work in any area of employment, up to the age of 65. Your accident benefits lawyer can help you determine whether you are eligible for ongoing IRB coverage.

    Toronto accident benefits lawyers assisting with IRB claims

    At Jasmine Daya & Co., we help seriously injured victims advance claims for accident benefits, including income replacement benefits. Our lawyers have decades of experience fighting on behalf of our clients to ensure they get the benefits that they are entitled to.

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