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Income Replacement Benefits Under SABS: Eligibility, Calculation, and Common Disputes

8 min read December 2024By Bahman (Ben) Azimi

Who Qualifies for Income Replacement Benefits

Income replacement benefits (IRBs) are available to accident claimants who were employed at the time of the accident — as an employee or self-employed — and are substantially unable to perform the essential duties of their pre-accident job due to injuries. Students within 26 weeks of commencing employment in their field may also qualify.

The Two-Stage Disability Test

During the first 104 weeks, the test is whether the claimant is substantially unable to perform the essential tasks of their own pre-accident employment. After 104 weeks, the test shifts: whether substantially unable to perform the essential tasks of any employment for which reasonably qualified — a stricter standard mirroring the LTD “any occupation” definition.

Self-employed claimants: Gross weekly income for self-employed persons is calculated using net income reported to the CRA in the 52 weeks before the accident. Undeclared income is not recoverable. Accurate income tax filings are genuinely important for self-employed accident claimants.

Calculating Your IRB

The IRB equals 70% of average gross weekly employment income from all sources during the 52 weeks prior to the accident, subject to the applicable weekly maximum ($400 standard; up to $1,000 with optional coverage). Part-time, seasonal, and recently hired workers have specialized calculation methods under the SABS.

Common IRB Dispute Scenarios

Insurers terminate IRBs prematurely in recognizable patterns: using the 104-week definition change without adequate reassessment; file-review medical opinions without examining the claimant; disputes over pre-accident earnings; and incorrect calculation methods for self-employed individuals. Each is challengeable at FSRA or through the courts.

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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.