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Attendant Care Benefits in Ontario: Compensation for Personal Support After an Accident

7 min read October 2024By Bahman (Ben) Azimi

What Attendant Care Benefits Cover

Attendant care benefits under Ontario’s SABS compensate injured claimants for the cost of assistance with personal care and daily living activities made necessary by accident injuries. Covered activities include personal hygiene, mobility assistance, meal preparation, medication management, accompaniment to appointments, and supervision for those with cognitive or behavioural impairments.

How Benefits Are Quantified — The Form 1 Assessment

The monthly attendant care amount is established by a Form 1 — Assessment of Attendant Care Needs, completed by a registered occupational therapist or registered nurse. The Form 1 categorizes required care into: general personal care; routine health care; and supportive care. Hours required in each category, multiplied by prescribed rates, produce the monthly benefit quantum. Form 1 quality directly affects benefit amounts.

Standard vs. catastrophic limits: Non-catastrophic claimants receive up to $3,000/month; catastrophically designated claimants receive up to $6,000/month. CAT designation therefore dramatically increases attendant care entitlement.

Family Members as Attendant Care Providers

A family member who provides attendant care is entitled to compensation — but only where they have actually incurred an economic loss. This means the family member must have reduced work hours or left employment to provide care. Compensation is the lesser of the Form 1 calculated amount and the actual economic loss incurred.

Challenging Insurer Reductions

Insurers frequently dispute attendant care by arguing the Form 1 overstates needs, publicly funded programs are available, or care needs have diminished. A well-supported Form 1 from an experienced occupational therapist, corroborated by treating physician documentation of ongoing functional limitations, is your primary defence against these reductions.

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Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create a solicitor-client relationship with Azimi Law. Always consult a qualified Ontario lawyer regarding your specific situation.

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Legal Disclaimer: Articles on this blog are for general informational purposes only and do not constitute legal advice. Laws and regulations change — always consult a qualified Ontario lawyer regarding your specific situation.