Under the implementation of the Statutory Accident Benefits Schedule (SABS) that provides benefits to all accident victims regardless of fault in Ontario. Depending on the eligibility, victims are entitled to receive compensation from the Ontario government even if they don’t have insurance. The SABS benefits include income replacement, attendant care benefit, medical and rehabilitation benefits as applicable within certain prescribed limits.

The Financial Services Commission of Ontario (FSCO) has recently undertaken to redefine the definition of “catastrophic impairment.”  In the case of death, funeral expenses and death benefits may be awarded. The amendments will become applicable from June 1 2016. Contact a personal injury lawyer with experience in this sector to assist you or a loved one if you have been involved in a catastrophic motor vehicle accident in Ontario.

Definition

Prior to the present changes, catastrophic impairment meant amputation or other impairment causing total or permanent loss of use of both arms or both legs or both arms and/or one leg. The definition also refers to brain impairment. It specified that assessments must be carried out by a physician and/or neuro-physician (in case of brain impairment).

Brain impairments are evaluated on the Glasgow Coma Scale (GCS) and subject to certain factors, catastrophic brain impairments can be classified as causing 55% or more impairment of the whole person. There are several cases that can be studied to understand how this concept has been applied in Ontario court decisions.

Another subsection of the Act deals with mental and behavioral catastrophic impairments. Such impairments are divided into five classes according to the extent of impairment in daily-living activities, social functioning, concentration and adaptation and impairment in any one of these areas was sufficient to claim benefits under SABS. A top personal injury lawyer from Ontario can assist victims suffering such impairment to get compensation from those responsible for the accident.

Reviews and Changes in the Act

However, it was being noticed that the definition of “catastrophic impairment” had been “eroded” considerably by the judiciary and the Insurance Bureau of Canada petitioned for a new and clearer definition.

Following this, an expert panel made certain amendments including:

• Using modern evaluation scales like the American Spinal Injury Classification, Extended Glasgow Outcome Scale, Global Assessment Functioning etc.

• Consulting current editions of relevant journals

• Stopping the combining of physical and psychiatric impairments

• Introduction of new designation: “Interim catastrophic impairment.”

However, these recommendations could well set the clock back by decades in terms of the definition of catastrophic impairment that had been in force till now. There is an opinion in the legal community that the adoption of these recommendations could have a detrimental impact on their ability to service their clients. It’s important to know how to find the best accident injury lawyer to assist victims in such cases.

While the legal community welcomes the expansion of the term “catastrophic impairment” legal experts from many personal injury law firms are also of the opinion that changes in the definition would not be in the best interest of Ontario consumers.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)