Post 104 IRB
If you or a loved one have been involved in a motor vehicle accident you may be able to claim No-Fault Statutory Accident Benefits, which are provided to you by your insurer. One common type of No-Fault Statutory Accident Benefit is Income Replacement Benefits (“IRBs”). If the accident had inflicted significant injury, resulting in you missing work, you may be deemed eligible to claim this benefit. The IRB, if eligible, will cover up to 70% of the individual's pre-injury income, up to a maximum amount of 400$ per week. The maximum can be raised if a small premium is purchased from the insurer increasing the limit to 600$, 800$, or 1000$ per week. IRB amounts are adjusted for individuals injured over the age of 65.
There are two parts regarding entitlements for IRBs. The first part covers the eligibility for the first 104 weeks. A person is eligible to claim IRBs for the first 104 weeks if they are entitled to them under the Statutory Accident Benefits Schedule. According to the schedule, the insurer is required to pay the IRBs to an insured employed person who has suffered an injury resulting from an accident that prevents them from performing the essential tasks of their employment or, if they were unemployed, worked at least 26 of the 52 weeks before the accident or was receiving EI benefits at the time. For more information on eligibility requirements for the first 104 weeks, contact us and we'll gladly answer all your questions.
The second part regarding entitlements for IRBs covers the benefits you can obtain after the 104 weeks have passed since the accident. An insurer may not be required to pay the IRBs after the 104 weeks have passed unless proven on a higher threshold. The insured will be eligible if they are suffering from a complete inability to engage in any form of employment for which he or she is reasonably suited via training or experience. It needs to be proven as a complete inability as it changes from substantial inability. Overall, the two conditions that need to be proven to be eligible for post 104 IRB include suitable employment which is identified according to several factors and the insured must suffer from a complete inability to engage in this suitable form of employment. For more information on eligibility requirements after the first 104 weeks, contact us and we'll gladly answer all your questions.
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