What to do if charged under the Highway Traffic Act while disabled and unable to work

This article was originally published by The Hamilton Spectator.

Q: I was charged under the Highway Traffic Act for causing an accident but I am injured and unable to work. Can I receive any benefits?

A: Yes, you can. If you are involved in a motor vehicle accident in Ontario, you are eligible to receive Statutory Accident Benefits based on your level of injury regardless of who is at fault. These are called “no-fault benefits”.

You may be entitled to claim accident benefits from your own automobile insurer for income replacement benefits or non-earner benefits. You may also have access to medical and rehabilitation benefits that are not covered by OHIP or any other health insurance plan. If you require the services of a personal support worker, you may have access to attendant care benefits. There may be other benefits available to you depending on your automobile policy and whether you purchased optional benefits.

If you have a private disability policy, you may also have access to a short-term disability policy and eventually a long-term disability.

You should contact an experienced personal injury lawyer who can inform you of your rights and assist you in obtaining access to available benefits.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Ross & McBride professionals will be pleased to discuss resolutions to specific legal concerns you may have.