COMPLETING YOUR OCF-3 DISABILITY CERTIFICATE FOLLOWING A CAR ACCIDENT
Help Completing Your OCF-3 Certificate
If you have been injured in a motor vehicle accident in Ontario, then you may have access to Accident Benefits through your own auto insurance. If you do not have auto insurance (for instance, if you were a pedestrian struck by a single vehicle), then you would have coverage through the policy holder of auto insurance of the motor vehicle that struck you. Ontario has no-fault insurance, meaning that you could be entitled to Accident Benefits even if you were at fault for the accident. An experienced personal injury lawyer should ensure that you have access to the maximum amount of Accident Benefits.
There are a number of factors that come into play to determine the value of your claim and the type of benefits available to you. If you are making a claim for Accident Benefits, your insurance company may ask you for proof of your injuries and they will want to be informed of your progression and the status of your injuries throughout as time goes on. It is very important that all of the OCF forms are filled out correctly. Equally important is that you continue to receive treatment. Treatment applications are submitted in the form of an OCF-18, and are critical in your case as they help fund your rehabilitation needs.
Our office takes great pleasure advocating for injured accident victims, and will do whatever ethically possible to advance our clients’ interests. The value of your claim, and the benefits you qualify for will depend on the nature of your injuries, as well as your status before the accident, such as whether or not you were working or retired.
Your insurance company will ask that you complete and submit a Disability Certificate known as the OCF-3. The OCF-3 form is part of the proof provided to the insurance company that indicates you have suffered a disability as a result of the accident. The auto insurance company will often turn to this form to help decide whether or not you should be entitled to ongoing benefits.
This document is very important, as once it is filed, the insurance company may rely on it at certain points throughout the claims process. You will need to complete a portion of this form, and a health practitioner such as a physician, chiropractor, dentist, physiotherapist, nurse practitioner, occupational therapist, optometrist, speech language pathologist, or another health care professional will fill out the rest to complete the OCF-3 Disability Certificate. The OCF-3 is probably the most important form you will have to complete, and our Accident Benefits specialists are happy to go through this form with you to ensure it is properly filled out. It is critical that the most suitable health care provider assists with this form and our office will help determine who that should be.
Fill Out The Form Asap To Avoid Missing Deadlines
Insurance companies require that you take quick action when applying for Accident Benefits. It is very important that you submit an application for Accident Benefits as soon as possible. Insurance companies require that you notify them of an accident within 7 days, and further give you 30 days in which to complete this form and submit all of the paperwork. They provide you with notice that should you miss any deadlines, your Accident Benefits may be delayed.
Accident Benefits insurers have been relying on the governing legislation that allows insurers to avoid paying certain benefits, namely section 36(3) of the Statutory Accident Benefits Schedule which says that “An applicant who fails to submit a complete disability certificate is not entitled to a specified benefit for any period before the completed disability certificate is submitted”. While we may have many strong arguments as to why insurers must still pay the benefits even before the Disability Certificate is submitted, it is still best practice to get the OCF-3 submitted as quickly as possible.
It is important to note that, the second paragraph at the top of the first page of the OCF-3 notifies you that this form must be completed 10 days after the date of your application (meaning you must wait), and further if your insurer has requested a new OCF-3, it must be provided within 15 days of the request.
Complete The Form Properly And Seek The Help Of A Medical Practitioner
You are only required to complete the first 3 parts of the OCF-3 form, such as the time of the accident, your insurance company’s name and policy holder information, details of the accident, your date of birth, and other personal information, with the remaining portion to be filled out by a medical profession. It is the duty of the medical professional to provide details such as the onset of symptoms, medications, and other relevant information. It is important to be thorough with the medical professional about the extent of your pain and injuries.
When filling out the details of the accident, we suggest you seek legal advice. Often times, negative details are inserted into this spot, which could affect your claim many times over. It is usually best to keep this section as short and simple as possible such as “passenger involved in motor vehicle collision”. By adding the wrong details, it good prejudice your case.
Part 4—Understand Your Rights Before You Sign
This part requires your signature and gives your medical provider and your insurer certain rights and access to certain, otherwise confidential, information. As aforementioned, you should seek legal advice to make sure this form is properly filled out by you, as well as by the medical professional that assists you. This form can often impact your benefits if they are not filled out properly, and could affect your non-earner benefits, income replacement benefits, and other benefits if they are filled out wrong.
If you have suffered injuries that prevent you from carrying on a normal life as a direct result of the accident, you may have a claim for Accident Benefits. Our office is committed to advocating for injured victims and their accident claims, to provide them with the compensations necessary to carry on a normal life, as they did before the accident.
If you have accident related injuries, you should consult with a health professional as soon possible and continue to follow the advice of your healthcare team. Your story is often told through the medical records, and these documents help the insurance company and your lawyer determine the value of your case. If these records are scarce in nature, and the accident has gone largely undocumented, it will be very difficult to argue that your injuries were life changing and that you require future treatment. If you haven’t gone for much treatment if at all, the insurance company will argue that you clearly do not need treatment. This is why it is so important to maintain a structured treatment plan and continue to do your best to get better.
Additionally, you have disability benefits, those may supplement your accident benefits. At the initial consultation, our office will inquire into the benefits that are available to you and ensure that you are maximizing your benefits from the benefit providers.
Contact Bernstein Law Group
If you or a loved one has been injured in a motor vehicle accident, you should consult a lawyer immediately. To better serve you, our office offers free consultations. An experienced and qualified personal injury lawyer and accident benefits specialist will be happy to inform you of your rights and provide a free no-obligation evaluation of your claim. Our office serves all of Ontario, including Ottawa, Toronto, Kitchener, Brantford, Hamilton, Ancaster, Burlington, Barrie, Oakville, and Stoney Creek.
Book a Free Consultation
Contact Us Today
WE'RE HERE TO HELP
PERSONAL INJURY LEGAL SERVICES
WE WOULD LOVE TO HEAR FROM YOU
No Obligations, We are here to help you!
Let our experienced and caring legal team help you with your legal needs. We specialize in criminal, real estate, and personal injury files.