Recovering Compensation for Attendant Care After a Motor Vehicle Collision

Emily Foreman

12 years ago

Individuals who are injured in a motor vehicle accident may have the right to receive funding for attendant care services required as a result of their injuries. Attendant care services include assistance provided for things such as personal care (grooming, dressing, bathing, toileting, personal hygiene), basic supervision and even meal preparation.

In some circumstances, individuals can recover attendant care benefits through the accident benefits insurer. Section 16 of the Statutory Accident Benefits Schedule O. Reg. 403/96 states:

(2) The attendant care benefit shall pay for all reasonable and necessary expenses incurred by or on behalf of the insured person as a result of the accident for,

(a) services provided by an aide or attendant; or
(b) services provided by a long-term care facility, including a nursing home, home for the aged or chronic care hospital.

Attendant care benefits must be claimed in accordance with a properly completed Form 1, “Assessment of Attendant Care Needs”. The amount of the attendant care benefit payable in respect of an insured person shall not exceed:

i) $3,000 per month, if the insured person did not sustain a catastrophic impairment as a result of the accident, or
ii) $6,000 per month, if the insured person sustained a catastrophic impairment as a result of the accident.

For accidents occurring on or after September 1, 2010, the Statutory Accident Benefits Schedule states that in order to recover attendant care benefits, the person who provided the attendant care must:

i) have done so in the course of the employment, occupation or profession in which he or she would ordinarily have been engaged, but for the accident, or
ii) sustained an economic loss as a result of providing the goods or services to the insured person.

For accidents occurring on or after September 1, 2010, the accident benefits insurer need not pay attendant care benefits for claims falling within the Minor Injuries Guideline.

These legislative provisions are still relatively new, and continue to be subject to interpretation by lawyers, insurers, judges and arbitrators.

Outside of the accident benefits regime, it is possible to claim compensation for attendant care services in a lawsuit. Injured Plaintiffs and their family members may claim for costs incurred, and reasonable costs to be incurred in the future, at market rates (rather than the rates set out in the Statutory Accident Benefits Schedule).

If you or a loved one is injured and required attendant care, it is important to have these needs assessed from time to time by a qualified professional (i.e. an occupational therapist).

If you have been injured in a motor vehicle collision and would like to review your legal rights, please contact Siskinds Partner Emily Foreman at emily.foreman@siskinds.com for a free consultation.