What treatment and disability benefits do I have?
When a person has a motor vehicle accident, the very first question which arises is who will pay for my medical treatments and disability benefits. As a simple answer it is usually your own insurance company i.e. your insurer who pays for your medical treatments and disability benefits subject to some exceptions.
Medical Treatment Benefits
If you have sustained sprain, strain or WAD injury in a motor vehicle accident, you may automatically become entitled to up to 21 medical treatments within 90 days from the date of your motor vehicle accident pursuant to Alberta Diagnostic and Treatment Protocols Regulation, but the automatic approval of medical treatments expires 90 days after the motor vehicle accident unless approved by the insurer.
Once you have completed all your medical treatments covered by Alberta Diagnostic and Treatment Protocols Regulation or the injuries you have sustained in a motor vehicle accident are not sprain, strain or WAD injury, then you may be entitled to medical treatments offered by Alberta Automobile Accident Insurance Benefits Regulation.
Alberta Automobile Accident Insurance Benefits Regulation provides medical treatment coverage for injuries sustained in a motor vehicle accident where motor vehicle(s) involved in the accident are insured by the Alberta Insurer i.e. Alberta Automobile Insurance Company. Benefits provided by Alberta Automobile Accident Insurance Benefits Regulation are also referred to as Section B Benefits / No-Fault Benefitsbecause these benefits come from Section B of Alberta Standard Owner’s Automobile Policy and available regardless of fault in the accident.
It is very important to note that Section B Medical Treatment Benefits are limited up to $50,000 which also includes $250 for Acupuncture, $750 for Chiropractic and $250 for Massage Therapy.
Total Disability Benefits
Alberta Automobile Accident Insurance Benefits Regulation also provides disability benefits to those who are completely disabled to perform all of the duties of their job within 60 days from the date of their motor vehicle accident. These disability benefits are not available for first seven days of your such disability or for any period in excess of 104 weeks.
To claim Section B disability benefits, you must have been employed at the time of the accident or you must be at least 18 years old and have been employed for at least 6 months out of 12 months prior to the date of your motor vehicle accident. Section B disability benefits are limited to $400 per week or 80% of your gross average weekly income, whichever is lower. If you have any personal insurance which offers disability benefits, you have to claim those benefits first from your own personal insurance company before you have access to Section B disability benefits.
Coverage for Death, Grief Counselling and Funeral Expenses
The coverage for death varies according to the age and status of the deceased in a household at the date of the accident. Section B provides funeral service expenses up to $5,000 for each deceased person and grief counselling expenses up to $400 per family which can be claimed for each deceased person in a family. We can understand that loss of a family member is always an irreparable harm and our sympathies are always with you.
Important Timelines to Access Section B Benefits
Section B benefits are available for up to 2 years starting from the date of the motor vehicle accident. If you want to claim Section- B Benefits, you must inform the insurance company of your motor vehicle accident within 30 days of the accident. You must complete and submit a Notice of Loss and Proof of Claim Form (AB-1 Form) to the insurance company within 90 days of your motor vehicle accident to have access to Section B medical benefits. You must also complete and submit a Claim for Disability Benefits Form (AB-1A Form) to the insurance company within 90 days of your motor vehicle accident to have access to Section B disability benefits.
If you have sustained any injuries in a Motor Vehicle Accident, please contact your own Alberta personal injury lawyer, Bikramjit Singh for free consultation to protect your legal rights. If you have sustained serious injuries and unable to come to B.Kay Law Office, your own Alberta personal injury lawyer, Bikramjit Singh can visit you at your home / hospital to discuss you matter.
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Phone: (780) 729 – 0007