THE AUTO INSURANCE BENEFIT (OCF) FORMS YOU SHOULD KNOW
If you have been injured by a motor vehicle, whether as walking pedestrian, a cyclist, or whatever the case may be, you will likely need to apply for Statutory Accident Benefits from your own insurance company, irrespective of who is at fault for the accident.
APPLICATION FOR ACCIDENT BENEFITS (OCF-1)
To receive Accident Benefits you will need to fill out a number of forms, and the Application for Accident Benefits is one of the most important and should be filled out properly. This form is the starting point for your claim for Accident Benefits, and without it you will not be entitled to a number of benefits. The following is a non-exhaustive list of some of the benefits that could be available to you when you fill out the OCF-1:
- Income replacement
- Medical rehabilitation
- Driver rehab
- Occupational therapy
- Attendant care
This form can be difficult for people to fill out that are not in the personal injury industry. It is important to fill it out correctly and we recommend you seek legal advice prior to submitting it. It is important that you know what you are signing, and a lawyer can help explain that before you formally submit your documents. With that said, the OCF-1 needs to be completed by specific deadlines and if you are late, your benefits could be delayed.
You can obtain the OCF-1 Application for Accident Benefits through our website or simply visit the Financial Services Commission of Ontario website and download and print the forms. On top of the OCF-1, there are many other forms you should be aware of, and below are some examples of the main ones.
EMPLOYER’S CONFIRMATION OF INCOME (OCF-2)
The employer's confirmation form is necessary if you are claiming Income Replacement benefits. Ultimately, this form indicates that you were employed for at least 26 weeks in the year prior to the motor vehicle accident and that you are unable to return to work more than one week post-accident.
DISABILITY CERTIFICATE (OCF-3)
This form is very critical and requires the injured party to provide a description of the car accident along with the injuries sustained. Part of this form must be completed by either your family doctor, treating surgeon, physiotherapist, psychologist, speech language pathologist, dentists, among others listed on the form. The health care professional is required to identify your injuries and articulate a prognosis for your recovery.
PERMISSION TO DISCLOSE HEALTH INFORMATION (OCF-5)
This form allows your insurance company complete access to your medical records, from your family doctor, to hospital records, and so forth. Often times it is better left to your lawyer to decide what documents may flow into the hands of the insurer. A personal injury lawyer can ask the insurance adjuster which medical records are required and the lawyer may have the first glance at the documents this way before disclosing them to the adjuster.
PRE-APPROVED FRAMEWORK TREATMENT CONFIRMATION FORM (OCF-23)
The ocf-23 treatment confirmation form, is used when a healthcare facility plans to treat an individual in the minor injury guideline. Speak to a personal injury lawyer now to see if this form applies to you. Your personal injury lawyer should provide your with sound legal advice about the Statutory Accident Benefits Schedule.
TREATMENT AND ASSESSMENT PLAN (OCF-18)
This form is a common form to your road to recovery and is used to fund your proposed treatment. If you are engaging in treatment, and would like it covered by your insurer, then you must have this form filled out.
APPLICATION FOR EXPENSES (OCF-6)
This accident benefits form is used to submit expenses you have incurred such as medications, prescription, taxi fares and so forth. You are required to keep original receipts for any claimed expenses and therefore it is critical you keep all receipts.
ELECTION OF INCOME REPLACEMENT, NON-EARNER OR CAREGIVER BENEFIT (OCF-10)
If you are applying for Accident Benefits, or have already done so, you will likely be submitting an OCF-10 claim form, the Election of Income Replacement, Non-earner or Caregiver Benefits. This form can be utilized to choose from the three benefits, selecting the most appropriate and beneficial for your needs. While it’s possible you may qualify for multiple benefits, this form requires you to select only one type of benefit from among the three choices.
Income Replacement Benefits are available to those individuals who were employed or self-employed at the time of the accident and who have worked at least 26 out of the 52 weeks leading up to the accident. This benefit entitles you to as much as 70% of your weekly income but may not exceed $400 per week. You may receive this amount for up to 104 weeks after the point of disability, and from that point on, you may receive a maximum of $185 per week, provided you still qualify.
Non-earner Benefits are available if you were not employed at the time of the accident and if your injuries establish that you suffer a complete inability to carry on a normal life as a result of the accident. This benefit begins four weeks after the accident and could entitle you to $185 up to two years.
Caregiver Benefits are available to injured victims who, at the time of the accident, acts as a primary caregiver for a dependent. A caregiver is a person who is responsible for looking after one or more dependents. These benefits are intended to cover the costs of hiring someone to assume the caregiver responsibilities. These benefits could include $250 per week for the first dependent and $50 per week thereafter.
It is noteworthy to state, that these benefits may be subject to change if new legislation is passed. It is prudent to seek legal advice before making an election, as the decision may be considered final.
SEEK LEGAL ADVICE WHEN FILLING OUT THESE FORMS
It is important that the forms listed above, along with any others, are filled out properly. These forms become part of your claim, and the adjuster and all defence lawyers will have access to all or most of your Accident Benefits file.
Additionally, these forms must be submitted properly so you are not prejudiced in any fashion when it comes to accessing benefits that should be available to you. Our law firm services Hamilton, Toronto, Etobicoke, Brantford, Burlington, Oakville, Mississauga, Stoney Creek, and the rest of Southern Ontario.
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