Can I Collect EI If Injured in a Car Accident and Unable to Work in Ontario?

After a serious Ontario car accident, many people are unable to return to work.  For most, The absence from work is temporary due to the immediate impact of the injuries. For some, however, a serious accident may render them incapable of ever returning to their prior job.  In both situations, an immediate question often asked by a car accident injury victim and their family is “who will pay for the loss of income?” 

Many Ontario accident victims wonder if their loss of income will be covered by Ontario Employment Insurance, their workplace disability benefits, the auto insurer, or some other insurance company.   Like many issues in law, this question does not have a simple answer that fits all circumstances.  Determining which insurance company will be responsible for paying loss of wages after a Ontario car accident will depend on the specific circumstances of the case.  
In a car accident case, Ontario auto insurance law provides Statutory Accident Benefits for all injured victims.   For more detailed information on accident benefits, and what is covered, visit our website and search accident benefits. We have a lot of detailed information about accident benefits.  For the purposes of this article, however, I will summarize that accident benefits provide some coverage for income replacement for an Ontario car accident victim that is unable to return to their employment.  This benefit is usually limited to $400 per week.  For those individuals that are fortunate enough to have workplace short term disability and/or long term disability benefits, then they will need to apply for those benefits as well.   The auto insurance Statutory Accident Benefits is not responsible as the first payor in circumstances where the injured victim has available other disability benefits.  
What about EI sickness benefits?  In the case of a car accident, EI will require the victim to apply to their Statutory Accident Benefits before seeking EI sickness benefits.  In the event that EI benefits are paid due to a person’s inability to work because of a car accident, EI will usually seek repayment of the benefits paid out.  
If you or a loved one has been injured in a car accident and are unable to return to work, you probably have many questions about your rights.  The income continuation benefit is just one of many issues that you may be facing at this difficult time.  Learn more about your rights with a FREE Consultation from an experienced Ontario personal injury lawyer.  There is no obligation, and the consultation is confidential.  To request a Free Consultation call us 24/7 at 1-866-234-6093 or complete our online contact form to request a return phone call.  We serve accident victims throughout Ontario. 

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.