Accident Benefits Lawyer: What is a Catastrophic Injury?

An injured person in Ontario who suffers an impairment after a car accident can apply, often with the help of an experienced personal injury lawyer, for a determination of whether their impairment qualifies as a “catastrophic” impairment under Ontario’s accident benefits.

Catastrophic Impairment means:

a) paraplegia or quadriplegia;

b) the amputation or other impairment causing the total and permanent loss of use of both arms or both legs (after September 1, 2010 a single amputation is sufficient)

c) the amputation or other impairment causing the total and permanent loss of use of one or both arms and one or both legs

d) the total loss of vision in both eyes

e) brain impairment that, in respect of an accident, results in,

(i) a score of 9 or less on the Glasgow Coma Scale; or

(ii) a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale

f) any impairment or combination of impairments that results in a 55 percent or more impairment of the whole person, in accordance with A.M.A. Guide’ or

g) any impairment that results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder, in accordance with the A.M.A Guide.

Here are some of the differences in benefits for those who are Catastrophically Impaired insured, versus those who aren’t:

1) Attendant Care payable at $6,000 per month (up to a maximum of $1,000,000) if you are insured, instead of $3,000 if you aren’t

2) Those who are insured receive a maximum of $1,000,000 for life in Medical and Rehabilitation Benefits,

3) The Medical and Rehabilitation benefits are also for life, instead of just for 10 years.

To learn more about Statutory Accident Benefits, order our free book Injured Victim’s Guide to Fair Compensation.

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