I am not employed, do I still have a case?

Recovery of damages for injuries does not solely rely on whether or not you were employed at the time of your accident. Income loss is just one of several heads of damages that can be claimed in a lawsuit or Accident Benefits claim.

While claims/lawsuits with income loss tend to be of higher value, compensation for medical costs and pain and suffering are separate and apart from income loss claims. Just because you were unemployed at the time of your accident, doesn’t mean you cannot be compensated for your injuries. A free consultation with our firm can help answer any questions you may have about the viability of your claim as each case is different and unique.

Under the Accident Benefits regime which applies to motor vehicle claims only, an unemployed individual may qualify for a weekly non-earner benefit if deemed to suffer a complete inability to carry on a normal life as a result of the accident.

There is also financial relief in the form on income replacement benefits under the Accident Benefits regime for individuals that had been working for 26 of the 52 weeks in the year before the accident.
For more information on the available recoveries under the SABS please consult our handy guide here.

For individuals injured in other types of cases, there are other heads of damage that you may be entitled to, regardless of your status of employment at the time of injury. Just because you weren’t working at the time of your injury, doesn’t mean that you have not sustained economic losses. For example, an unemployed person may miss out on an employment opportunity as a result of their accident; these losses could be recoverable in your claim.

Income loss claims can also be made for students or self-employed individuals who suffer delays or harm to their marketability as a result of an accident. A strong law firm can help prove your economic losses in an effort to make you whole again after an accident.

In all claims, having evidence to prove your losses is of utmost importance. Losses are proven by obtaining both oral and documentary evidence such as tax filings, employment files, medical records, receipts, diaries, and/or photos. Proving your case can be expensive and time consuming; our law firm takes care of all of this for our clients.

Grillo Law understands that injuries affect more than just employment; your entire life can be turned upside down through no-fault of your own in an instant. If you have been injured, regardless of your employment status, contact one of our legal representatives today to learn how we can help you.

Other avenues

If you have been disabled as a result of your injury, the Ontario Disability Support Program or “ODSP” may be able to provide you with provincial financial assistance. ODSP benefits fall into two categories: income support and employment support. For income support assistance, you are eligible if you are 18 years of age or older, live in Ontario, are a Canadian citizen/ permanent resident/ or refugee, and have a substantial physical or mental disability expected to last a year or more which makes it difficult for you to care for yourself or work. You are eligible for ODSP employment supports if you are 16 years of age or older, live in Ontario, are legally allowed to work in Canada, and have a physical or mental disability expected to last a year or more, which makes it difficult for you to find or keep a job. Both of these supports are dependent more so on your financial situation and nature of your injury, rather than your pre-accident employment status.

At the federal level, there is financial assistance available for individuals who have worked a requisite amount of time and made payments into their Canadian Pension Disability plan, or “CPP Disability”. There are various requirements and provisions outlining eligibility for these benefits which we would be happy to discuss with you.

Litigation Loans or Settlement Loans are also available to clients with viable personal injury claims through third party vendors. These types of loans carry incredible interest rates and are not encouraged, but may be available and appropriate in some cases.

At Grillo Law we want to help you anyway we can and we will work with your individual needs to get you back on your feet. Call us today for a free consultation at 1-855-CALL-SAL(2255-725).