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Personal Injury...Section B Medical Expense and Income Loss Benefits.

While Section B benefits provide a variety of benefits, two key benefits are: 1) funding for immediate access to medical treatment; and 2) some income loss support. Understanding, and accessing, the benefits you are entitled to as quickly as possible after an accident will help set you up for as complete a recovery as possible. The automobile insurance company will provide you with information about the benefits available and assign a Section B adjuster to work with you through this process. 

Tara A. Miller, Q.C.  February 2021

Generally, anyone injured in a motor vehicle accident has a claim for accident benefits through Section B of their own automobile insurance policy. If you were a driver or passenger in a vehicle, then your claim for Section B benefits is made through the auto policy for the vehicle you were in.  If you were a pedestrian or bicyclist hit by a vehicle, then you make your claim under that vehicle’s auto policy. You are entitled to Section B benefits regardless of whether you were at fault for the accident.

While Section B benefits provide a variety of benefits (https://www.mdwlaw.ca/personal-injury-what-are-section-b-benefits-who-is-entitled-to-them/) two key benefits are: 1) funding for immediate access to medical treatment; and 2) some income loss support. Understanding and accessing the benefits you are entitled to as quickly as possible after an accident will help set you up for as complete a recovery as possible. The automobile insurance company will provide you with information about the benefits available and assign a Section B adjuster to work with you through this process.

MEDICAL EXPENSES

There are two scenarios for medical expense coverage:

  1. If you have a sprain, strain or whiplash associated disorder (WAD) injury grades I or II (soft tissues injuries), you can choose to be diagnosed and treated in accordance with either the Diagnostic and Treatment Protocols Regulations (https://www.novascotia.ca/just/REGULATIONS/regs/insdiagnostic.htm) (the “Protocols“) or the Nova Scotia Automobile Policy (https://www.novascotia.ca/finance/site-finance/media/finance/NS_Auto_Standard_Policy_Form1.pdf ) (“the NSPF#1“) Accident Benefits.
  2. If you do not have a sprain, strain or whiplash associated disorder (WAD) grades I or II (i.e., broken bone or concussion), then you will proceed under the NSPF#1.

A) Protocols

B) Nova Scotia Automobile Policy (NSPF#1)

Unless under the Protocols, generally medical expenses must first be submitted through any available private coverage before the benefits through Section B are available.  Treatment from physiotherapists, massage therapists, chiropractors, dental work, professional nursing care, and/or other treatments recommended by your doctor should be covered under Section B.  You can also get reimbursed for accident-related medical expenses for things such as mileage to treatment, prescription drugs, medical devices, or ambulance bills.

DISABILITY COVERAGE

Your automobile policy provides coverage for income loss if a medical doctor determines you are totally disabled and unable to perform any aspect of your employment. You may be entitled to disability benefits for 2 years if you are unable to do your job.  After 2 years, you will only receive this benefit if you cannot do any job for which you are reasonably suited by education, training or experience.

There is no income benefit payable unless you are unable to work 7 out of the first 30 days after your accident.  The maximum amount payable is 80% of your gross weekly income to a maximum of $250/week.  This amount will be adjusted to reflect any other disability coverage you may carry (Short Term Disability or Long Term Disability) and any EI you receive.

In order to process your claim for income benefits, you will need to be organized and complete forms provided by the adjuster as quickly as possible.  There are three forms to complete – one for you, one for your doctor and one for your employer.  The quicker you complete the forms and provide necessary information such as a Record of Employment (ROE) and details about other coverage (private coverage, short term disability, EI sickness, etc.), the quicker the adjuster will be able to process your claim.

If you feel that you are not paid benefits to which you are entitled, or if you have any questions about Section B in general, then please consult a member of our personal injury team at MDW Law for a complimentary consultation.

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