If you've been injured in a car crash in Ontario and returned to work immediately after the accident, you may think your path forward is clear. But what happens if your injuries worsen over time, leaving you unable to work? This situation is more common than you might think, and it can significantly affect your rights to claim income replacement benefits (IRBs) under Ontario's Statutory Accident Benefits Schedule (SABS).

Understanding Income Replacement Benefits (IRBs)
Under Ontario's No Fault Benefits system, the SABS, if you are employed at the time of your car accident, you may be entitled to income replacement benefits if your injuries render you unable to perform the essential tasks of your job. Here’s how it works:

1. First 104 Weeks Post-Accident: You are eligible for IRBs if you suffer a "substantial inability" to perform your job’s essential tasks.
2. After 104 Weeks: To continue receiving IRBs, you must demonstrate a "complete inability" to engage in any employment or self-employment reasonably suited to you based on your education, training, or experience.

What if You Returned to Work But Later Became Disabled?
It’s not uncommon for car accident victims to push through their pain and return to work soon after the incident, only to find that their injuries worsen over time. This delay in recognizing the severity of the injuries can impact when the "discoverability" of your claim arises.
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The recent Ontario Court of Appeal decision in The Personal Insurance Company v. Tagoe, 2024 ONCA 894, underscores the importance of the "discoverability" doctrine in such cases. Here's what this means for you:

• Discoverability: You may not be bound by the initial denial of IRBs if, at the time, your condition hadn’t yet worsened to the point of meeting the eligibility criteria for benefits. The clock for the two-year limitation period to apply for dispute resolution with the Licence Appeal Tribunal (LAT) only starts ticking when your entitlement to benefits becomes discoverable — that is, when you meet the criteria for substantial or complete inability to work.
• Pre-emptive Denial by Insurers: The court clarified that insurers cannot issue a "pre-emptive" denial of IRBs when the claimant does not yet meet the eligibility criteria for benefits. If your condition worsens after such a denial, you may still be entitled to apply for benefits, even if more than two years have passed since the denial.

Key Takeaways for Injured Workers in Ontario
If you returned to work but later became disabled due to worsening injuries from a car crash, here’s what you should know:

1. Document Changes in Your Condition: Seek medical advice and maintain records of how your injuries impact your ability to work. This evidence is critical in demonstrating when your eligibility for IRBs became apparent.
2. Seek Legal Advice Early: Navigating the rules around IRBs and discoverability can be complex. A legal professional experienced in personal injury claims can help you assess your rights and ensure you meet the necessary deadlines for applications and appeals.
3. Don’t Be Discouraged by Initial Denials: If your insurer initially denies your claim, it doesn’t necessarily mean the end of your entitlement to benefits. You may have grounds to challenge the denial if your condition has evolved since the denial was issued.

How Iacobelli Law Firm Can Help
At Iacobelli Law Firm, we understand how life-changing car accident injuries can be, especially when they leave you unable to work. Our team is dedicated to advocating for victims’ rights and ensuring you receive the benefits and compensation you deserve.

If you or a loved one has been injured in a car crash and are struggling with worsening injuries that prevent you from working, contact us today. We can help you understand your rights, navigate the complex SABS rules, and pursue the benefits you’re entitled to under Ontario law. Let us help you move forward with confidence.

Get in touch with us 24/7 to request a Free Consultation. 

As car accident injury lawyers, we see firsthand the impact that car accidents have on mental health and emotional well being.  These injuries may be invisible to most, but to the victim the impact of a mental health injury can be catastrophic.  While the physical injuries sustained in a car accident are often the focus of medical attention, it is important not to overlook the impact that car accidents can have on mental health and emotional well-being.

Here are some of the ways that car accidents can impact mental health and emotional well-being:

• Post-Traumatic Stress Disorder (PTSD): Car accidents can be a traumatic event, and some people may develop PTSD as a result. Symptoms of PTSD can include flashbacks, nightmares, and anxiety.
• Depression and Anxiety: It's common for people involved in car accidents to experience depression and anxiety. These conditions can be brought on by the physical injuries sustained in the accident, as well as the emotional trauma.
• Fear of Driving: After a car accident, some people may develop a fear of driving, which can impact their ability to travel to work or engage in other activities.
• Insomnia: Insomnia is a common problem for people who have been involved in a car accident. The stress and anxiety of the accident can make it difficult to sleep at night.
• Relationship Problems: Car accidents can cause significant stress on relationships, particularly if one or both partners are injured in the accident. This can lead to arguments, feelings of resentment, and a breakdown in communication.

Even a car accident that does not cause any physical injuries can result in major emotional and mental health issues.  If you have been involved in a car accident, and your noticing changes to your mood or emotions, it is important to seek medical attention.  A mental health professional can help you process the trauma of the accident and develop coping strategies to manage the emotional injuries.  If you know someone that was involved in a car accident, pay attention for signs of mental health injury and encourage your loved one to get appropriate help. 

The good news is that, in many cases, mental health issues following a car accident can improve with psychological treatment.  I recently sat down with a clinical psychologist, Dr. Jeremy Frank, to learn more about mental health after a car accident and options for victims to get better.  The video is posted below or you can watch it on our YouTube channel or Podcast.  

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". 

After a car accident in Ontario, you may be wondering who you would sue for your injuries, harms and losses.  To recover compensation for pain and suffering for your injuries and for economic loss damages such as income loss, and healthcare related expenses, you will sue the at-fault driver and owner of the vehicle that caused the crash. 

Do I Sue the Driver or the Insurance Company After an Accident in Ontario?
Generally, you will bring the lawsuit against the driver and owner of the vehicle that caused the crash.  Even though you are commencing a lawsuit against the driver and the owner of the at fault vehicle, it is actually their insurance company that will defend the case, hire the lawyer, and ultimately pay any settlement or judgment.  In Ontario, if a car accident case goes to trial, the members of the jury are not allowed to know that it is really an insurance company that is being sued and is going to pay the settlement or verdict at the end of the case.

Who Do I Sue if The Other Driver or Vehicle Does Not Have Insurance?
Sometimes the at fault vehicle or driver is not insured or does not have enough insurance to pay your claim.  In these circumstances, you would bring a lawsuit against you uninsured motorist carrier.  Uninsured and underinsured motorist claims are commenced directly against an insurance company.  If a settlement or judgment is paid by the insurance company, then that insurance company may have the right to seek repayment from the at fault party.  Your uninsured motorist coverage is in place to protect an injured party when the at-fault driver or vehicle does not have adequate insurance. 

Need Help After a Car Accident Injury? Call Our Car Accident Injury Law Firm 24/7 to Request a Free Consultation

If you have questions about who to sue after a car accident in Ontario and would like to speak with an experienced lawyer, call toll free anytime 24/7 at 866-234-6093 or a free consultation with one of our lawyers. You can also request help by completing our online contact form here. 

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​When fall arrives in Ontario the new season brings many different factors that drivers need to be aware of because as autumn moves into winter, we have less daylight hours. In the later afternoon, pedestrians, cyclists and children playing on streets will also be more difficult to see.  With the wetter conditions, fallen leaves and fewer hours of daylight, it’s a good idea to be prepared for the roads ahead. 


We are pleased to provide you with some driving tips to keep in mind this fall season.

• Fallen leaves are not just a problem on your lawn.  Hitting a patch of wet leaves on the road can be almost as bad as hitting black ice so you need to pay attention to the road and keep your speed down.
• Rainfall increases during the autumn season.  When it is raining, you need to maintain a safe following distance between your car and the vehicle in front of you.  This can make the difference of having ample time to avoid a car accident.
• Temperatures during the fall tend to decrease drastically in the evening, which can create frost on the windshield of your vehicle.  Clear your windows completely of frost before driving as it can be hard to see the road.  Colder temperatures can also mean icy patches on our roadways so you must remain alert.
• Fallen foliage can present a wide array of road hazards.  When it rains, wet leaves can create slippery road conditions and cause your vehicle to lose traction.  Leaves may also cover road lines, potholes and other dangers on the road.  Be sure to reduce your speed when approaching areas covered with foliage.
• Autumn is also a back to school time for children.  This will mean more pedestrians, school buses and vehicles on the road.  Motorists should be wary of pedestrians in the morning and late afternoon.
• Be on the lookout for animals such as deer when driving in rural areas.  Fall is considered the peak season for deer and the best defense to avoid striking an animal is to reduce your speed and to keep your eyes on the road.  Slow down where there are deer crossing signs and pay attention to the shoulders and sides of the roads.
• Check weather conditions before you drive.  Be prepared for quickly changing weather conditions that could lead to challenging driving conditions.  Slippery black ice is common in the fall.  Pay extra attention on wet and damp days when temperatures are around the freezing point.
• Changing fall weather conditions mean its time to make sure your car is ready for colder weather.  Simple things like checking your washer fluid, lights and wiper blades can go a long way in keeping you safe.

Driving for pleasure in the fall can be vibrant with color but you will also need to be prepared for the changing light conditions, fog and reduced visibility.  Our Team at Iacobelli Law Firm wants you to enjoy your fall driving and to remain safe.

If you have been injured in an accident caused by the negligence of a driver, Iacobelli Law Firm has extensive experience representing families who have been injured in a motor vehicle accident and we realize how difficult and life-changing it can be for your family.  We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel for the injured and we offer a FREE Consultation so please feel free to call us at 1-866- 234-6093. We are honored to serve our clients and our community.
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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.