Understanding Attendant Care Benefits -1-800-JUSTICE®

This video discusses the role of attendant care for individuals recovering from motor vehicle accidents, highlighting the importance of personal support workers or family members in providing necessary assistance. It explains the coverage available under Ontario's minor and non-minor injury guidelines, noting that those classified under non-minor injuries can access up to $65,000 for medical and attendant care, while catastrophic impairments may qualify for up to $66,000 monthly. The video also addresses the legal restrictions on family members receiving payment for their care services, emphasizing the need to demonstrate an incurred loss. Viewers are encouraged to advocate for changes in legislation that currently disadvantage family caregivers. For more information, contact “Preszler Injury Lawyers” or call “1-800-JUSTICE”.

Attendant care is provided in circumstances where a person requires a personal support worker, a nurse, or even a family member to offer supervision or intervention regarding their recovery. Many individuals injured in motor vehicle accidents often need assistance with their day-to-day activities, and there are a variety of tasks that an attendant care provider can help with.

Under the minor injury guideline, individuals are not entitled to any attendant care. However, if you fall under the non-minor injury guideline classification, you have access to up to $65,000 worth of medical and attendant care coverage. This allows you to receive up to $3,000 per month for attendant care services. In cases classified as catastrophic impairment, you can receive up to $66,000 per month for attendant care services.

A common issue arises when a family member wishes to provide these services instead of hiring a personal support worker or a nurse. Unfortunately, the law has changed to restrict access to attendant care benefits for family members. Currently, for family members to receive payment for the services they render through the attendant care benefit, they must demonstrate an incurred loss. This means you have to show the insurance company that you have taken time off work or sustained some form of economic loss in order to receive an amount equal to your losses. You do not receive the full $3,000 if you have only lost $1,000 from work.

This situation is undoubtedly prejudicial to family members, but it reflects the current state of the law in Ontario. Therefore, it is usually advisable to utilize professionals, whether they be nurses or personal support workers, to provide these services. Many accident victims may prefer having a family member assist them, but at this point in time, the definitions and regulations are what they are. We encourage everyone to contact their Member of Parliament to discuss why family members are being disadvantaged when they are often the ones providing the bulk of the attendant care services.