Non-Earner Benefits

When you’re injured in a motor vehicle accident, you deserve financial support regardless of your financial situation. Although Income Replacement Benefits (IRBs) are available to people who were employed before their accident, not everyone involved in a collision was working at the time. For students, retirees, or the unemployed, the financial impacts of an accident can still be devastating.

In Ontario, the Statutory Accident Benefits Schedule (SABS) provides Non-Earner Benefits (NEBs) for those who don’t qualify for IRBs or Caregiver Benefits. Statutory Accident Benefits are a form of no-fault insurance coverage available to all individuals involved in a motor vehicle accident in Ontario. NEBs provide weekly payments that help accident victims who have suffered a complete inability to carry on a normal life because of their injuries.

Unfortunately, sometimes insurers delay or deny Non-Earner Benefit claims. If this has happened to you, our legal team at Preszler Injury Lawyers can help you pursue the benefits you need to recover. To discuss your legal options, schedule a free consultation at our firm today.

What Are Non-Earner Benefits and Who Qualifies For Them in Ontario?

Non-Earner Benefits are weekly payments available to individuals who are unable to engage in normal activities after a motor vehicle accident, but who are not eligible for IRBs or Caregiver Benefits through the SABS.

Some groups eligible for NEBs in Ontario include:

• Unemployed, full-time students,
• Recent graduates (within the last 12 months) who are not yet employed,
• People who were unemployed at the time of the accident, and
• Retirees.

In addition to being unemployed, some eligibility criteria under the SABS include:

• You must have suffered a complete inability to carry on a normal life within 104 weeks of the accident.
• You must not qualify for IRBs
• If you are a student or recent graduate, you must have been enrolled in school at the time of the accident or have graduated within 12 months and not yet be working.

Although historically, those under the age of 18 have been excluded from NEB eligibility, a change in 2023 (DC v TD Insurance Meloche Monnex) has allowed minors who meet the “complete inability test” to qualify. However, benefits only become payable starting at age 18.

Generally, NEBs provide $185 per week in income to claimants. These benefits are payable for up to 104 weeks (2 years) after your accident, after which they may be terminated. It should also be noted that there is a waiting period of 4 weeks after the accident during which NEBs are not payable.

What Does “Complete Inability to Carry On a Normal Life” Mean?

When insurance adjusters are assessing your eligibility for NEBs, they will use a test to determine whether you have sustained a complete inability to carry on a normal life after your accident. To meet the standards of this test, you must prove that your injuries prevent you from substantially engaging in all of the activities you would have normally engaged in before the collision.

This test was established in the case of Heath v Economic Mutual Insurance Co. at the Ontario Court of Appeal. Aspects of the assessment include:

• A comparison of all pre-accident activities, not just a snapshot of a specific period.
• Giving more weight to activities that were most important to you before the accident.
• Showing that you have been continuously prevented from substantially engaging in all pre-accident activities, not just that your activity has been reduced.
• Demonstrating pain you experience during or after activities, as pain can prevent meaningful participation.
• And more.

An experienced Accident Benefits lawyer will be able to gather evidence and documentation that demonstrates your complete inability to carry on a normal life after your incident.

Contact Our Lawyers Today if You’re Applying for Non-Earner Benefits in Ontario

Although Non-Earner Benefits are an essential resource for unemployed individuals who are substantially injured during a motor vehicle accident, there are roadblocks that may arise. Insurers may attempt to dispute whether you meet the “complete inability” definition or deny benefits if you mistakenly apply for NEBs instead of IRBs. Although proving inability requires detailed medical evidence and thorough documentation of changes to your lifestyle, you don’t have to file your application alone.

At Preszler Injury Lawyers, we understand that NEBs are often misunderstood and that insurers frequently deny claims on technical grounds. When you work with our team, we will:

• Collect medical and vocational evidence on your behalf to prove “complete inability.”
• Compare your pre- and post-accident activities.
• Educate the insurance company.
• Correct any misfiled claims.
• Challenge denials through the Licence Appeal Tribunal (LAT).
• Advise on whether you may be eligible for alternative benefits under the SABS based on your situation.
• And more.

By providing dedicated legal advice, we can help you navigate the claims process with confidence. If you’ve been denied NEBs or are unsure of which Accident Benefits you can claim, contact our lawyers today for a free consultation. You can call our Ontario offices at 1-888-608-2111 or fill out our online case evaluation form today.