Ontario legal information · Ottawa and Eastern Ontario
Occupation evidence should be as concrete as medical evidence.
List essential duties, schedule, physical demands, travel, concentration, productivity and safety requirements. Then connect each restriction or symptom to the part of the job it affects.2
Employment status and earnings calculations can be complicated for variable hours, commissions, seasonal work, self-employment or more than one job. Use source documents rather than rounded estimates.
The income claim may overlap with other benefits.
Accident-benefit IRB
The SABS test, calculation, waiting rules and policy limit govern the automobile benefit.
Employer or LTD plan
Sick leave, salary continuation, STD and LTD may have separate definitions and offset provisions.
Civil income loss
The liability claim addresses compensable loss under Ontario automobile law and must be coordinated to avoid duplication.
Build a work-and-earnings record that can be checked.
Keep a job description, schedule, employer statement and concrete examples of essential duties.
Connect restrictions, treatment and prognosis to attendance and performance.
Preserve pay records, tax material, contracts, commissions and self-employment documents.
Record accommodations, hours, missed shifts, reduced output, flare and reasons an attempt ended.
A premature return and an unsupported absence can both damage the record.
Discuss work capacity with the treating professional and employer using specific duties. Document reasonable accommodation without promising capacity the medical evidence does not support.3
Keep every benefit election, calculation and denial letter. A dispute about amount may require different proof from a dispute about disability.
How a personal injury lawyer may help with accident benefits.
A useful review should reduce the file to a defined benefit, disputed period, governing test and evidence problem—then explain the available response in plain language.
- Apply the correct SABS disability test
- Prove pre-accident work and earnings accurately
- Coordinate IRB, employer, LTD and civil income claims
- Document accommodation and return-to-work evidence
Not every file requires every step or legal representation. The work should respond to the actual dispute, evidence gap or decision that is approaching.
Sources and legal references
These official sources provide the legal and procedural foundation for this page. Their current wording and the facts of the claim control.
View 4 sources
- Ontario — Statutory Accident Benefits Schedule
The current regulation governing Ontario automobile accident benefits.
Back to footnote ↑ - FSRA — July 1, 2026 accident-benefit changes
Official explanation of the current mandatory and optional accident-benefit framework.
Back to footnote ↑ - Ontario — Insurance Act
Ontario’s statutory framework for automobile insurance, liability coverage and accident benefits.
Back to footnote ↑ - Tribunals Ontario — LAT Automobile Accident Benefits Service
Official information, forms and procedure for accident-benefit disputes.