#Article updated February 2025
In Ontario, car accidents can dramatically alter lives, mainly when victims are unable to return to their regular activities. The Statutory Accident Benefits Schedule (SABS) provides crucial support through various benefits, including non-earner benefits (NEBs). According to the Financial Services Regulatory Authority of Ontario (FSRA), understanding these benefits is essential for accident victims who weren’t employed at the time of their accident¹.
Navigating the aftermath of a car accident can be overwhelming, especially when you’re unable to work or carry on with your normal life. For Ontario residents who weren’t employed at the time of their accident, non-earner benefits (NEBs) provide crucial financial support during recovery. Understanding these benefits is essential for ensuring you receive the support you need during this challenging time.
The complexity of non-earner benefits often leaves many accident victims with questions about their eligibility and rights. This comprehensive guide will walk you through everything you need to know about NEBs, from qualification criteria to application processes, helping you make informed decisions about your claim.
What are Non-Earner Benefits?
Non-earner benefits (often referred to as “NEBs”) are weekly payments given to certain accident victims who were not earning a regular salary at the time of their car accident.
Qualifying for Non-Earner Benefits
If you’ve been involved in a car accident, you may be entitled to Non-earner benefits. Non-earner benefits are only payable if you suffered what is known as a “complete inability to carry on a normal life” within 2 years of the accident happening, as a result of the accident. Generally, if you meet this first criteria, then you may be entitled to Non-earner benefits under one of the following two circumstances:
- You do not qualify for an Income Replacement Benefit (a benefit that is usually paid when someone was working at the time of their accident and is no longer able to work because of the accident); or
- You were enrolled as a full-time student at the time of the accident or graduated within the last year of the accident and had yet to secure employment related to your education.
How much do non-earners receive?
Non-earner benefits are usually paid at a rate of $185.00 per week, subject to certain other deductions. There are, however, other conditions that limit the payment of Non-earner benefits. Some of these conditions include the following:
- no NEB is payable for the first 4 weeks that an individual satisfies the criteria for the benefit;
- no NEB is payable for someone under 18 years old; and
- no NEB is payable for more than 2 years after the accident.
Quick Reference: Non-Earner Benefits Overview
| Benefit Aspect | Details | Benefit Type | Weekly Amount | Waiting Period | Maximum Duration | Key Requirements |
| Weekly Amount | $185.00 | Non-Earner | $185.00 | 4 weeks | 2 years | Complete inability to carry on normal life |
| Waiting Period | 4 weeks | Income Replacement | 70% of gross income | 1 week | Up to age 65 | Employed at the time of the accident |
| Maximum Duration | 2 years post-accident | Caregiver | Up to $250.00 | None | 2 years | Primary caregiver |
| Age Requirement | Must be 18 or older | Benefit Type | Weekly Amount | Waiting Period | Maximum Duration | Key Requirements |
| Key Eligibility | Complete inability to carry on normal life | Non-Earner | $185.00 | 4 weeks | 2 years | Complete inability to carry on normal life |
Factors Considered for Non-Earner Entitlements
It can be quite difficult to determine entitlement to non-earner benefits. A number of factors will be considered when determining if an accident victim satisfied the criteria to receive a Non-earner benefit. These include, for example:
- Is there a complete inability to carry on a normal life and normal activities compared with prior to the injury?
- Does the injured person’s disability continuously and substantially prevent him/her from engaging in nearly all of his or her pre-accident activities?
- Is the injured person’s degree of pain preventing him or her from performing normal activities?
There are a number of other factors that must be considered when deciding whether you may be eligible and should apply for Non-earner benefits. A personal injury lawyer can explain these details to help you make an informed decision.
Non-earner benefits are weekly payments designed to support accident victims who:
- Were unemployed at the time of the accident
- Are unable to carry on a normal life due to accident injuries
- Don’t qualify for income replacement benefits
- Meet specific eligibility criteria set by Ontario law²
Statistical Context
Recent Ontario Road Safety Annual Reports indicate:
- Approximately 35% of accident victims face significant lifestyle changes
- 22% of claims involve non-earner benefits
- The average claim duration is 18 months³
Benefits Analysis Table
| Benefit Type | Weekly Amount | Waiting Period | Maximum Duration | Key Requirements |
| Non-Earner | $185.00 | 4 weeks | 2 years | Complete inability to carry on normal life |
| Income Replacement | 70% of gross income | 1 week | Up to age 65 | Employed at the time of the accident |
| Caregiver | Up to $250.00 | None | 2 years | Primary caregiver |
Eligibility and Requirements
Understanding whether you qualify for non-earner benefits requires careful consideration of several factors. Unlike income replacement benefits, which are designed for employed individuals, NEBs serve a unique purpose in supporting those who were either unemployed, students, or recent graduates at the time of their accident. The eligibility criteria are specific and require thorough documentation to prove your case.
Many accident victims struggle with proving their “complete inability to carry on a normal life” – a key requirement for NEBs. This section breaks down what this means in practical terms and helps you understand how to demonstrate your eligibility effectively.
Primary Qualification Criteria
Complete Inability Test
- Must demonstrate substantial interference with most pre-accident activities
- Requires comprehensive medical documentation
- Evaluated based on detailed comparison to pre-accident lifestyle⁴
Medical Evidence Requirements
A qualified medical practitioner must verify:
- Nature and extent of injuries
- Impact on daily activities
- Expected duration of impairment
- Treatment recommendations
Documentation Requirements Table
| Document Type | Purpose | Required Timing |
| Medical Assessment | Establish injury severity | Within 10 days of the accident |
| Treatment Plans | Outline recovery path | Within 30 days |
| Activity Logs | Document lifestyle impact | Ongoing |
| Specialist Reports | Verify specific conditions | As recommended |
Qualifying Circumstances
Student Status
- Full-time students at the time of the accident
- Recent graduates (within 1 year)
- Documentation required:
- Enrollment verification
- Academic records
- Graduation documentation
Unemployment Status
Applicants must demonstrate:
- Active job search before accident (if applicable)
- Previous employment history
- Reason for unemployment
- Future employment plans interrupted by the accident
Impact Assessment Matrix
| Life Area | Pre-Accident | Post-Accident | Documentation Needed |
| Daily Activities | Normal capability | Significant reduction | Medical reports |
| Social Life | Regular participation | Limited engagement | Psychological assessment |
| Education/Training | Active pursuit | Unable to continue | Academic records |
| Home Life | Independent | Requires assistance | Occupational therapy report |
Application Process and Documentation
The journey to securing non-earner benefits begins with a well-organized application process. While the paperwork may seem daunting at first, understanding each step and requirement can significantly improve your chances of approval. Think of the application process as telling your story – one that clearly demonstrates how the accident has impacted your ability to carry on with everyday life activities.
Many claims face delays or denials due to incomplete documentation or missed deadlines. By understanding precisely what’s needed and when you can avoid these common pitfalls and strengthen your claim from the start. Let’s break down the essential components of a successful application.
Application Timeline Overview
| Stage | Deadline | Required Actions |
| Initial Notice | 7 days | Report the accident to the insurance company |
| OCF-1 Form | 30 days | Complete the application for benefits |
| Medical Evidence | 90 days | Submit all medical documentation |
| Insurer Response | 10 business days | Review and decision period |
| Requirement Type | Frequency | Details Required |
| Medical Updates | Monthly | Treatment progress |
| Activity Logs | Weekly | Daily function reports |
| Assessments | As requested | Independent evaluations |
| Treatment Plans | Every 3 months | Updated recovery goals |
Required Documentation Checklist
Essential Forms
- OCF-1: Application for Accident Benefits
- OCF-3: Disability Certificate
- OCF-19: Application for Determination of Catastrophic Impairment
- Additional insurance forms, as required
Supporting Documentation
- Police accident report
- Hospital records
- Family physician reports
- Specialist assessments
- Pre-accident activity documentation
- Educational or employment records⁵
Primary Medical Evidence
A personal injury lawyer can help coordinate:
- Initial medical evaluation
- Specialist consultations
- Ongoing treatment records
- Functional capacity evaluations
- Psychological assessments
Insurance Company Interaction & Communication Protocol
- Written correspondence only
- Document all phone conversations
- Keep copies of all submissions
- Maintain organized records
- Follow up regularly⁶
Common Insurance Requirements Table
| Requirement Type | Frequency | Details Required |
| Medical Updates | Monthly | Treatment progress |
| Activity Logs | Weekly | Daily function reports |
| Assessments | As requested | Independent evaluations |
| Treatment Plans | Every 3 months | Updated recovery goals |
Case Studies and Statistics
Real-world examples often provide the most transparent picture of how non-earner benefits work in practice. By examining actual cases and current statistics, we can better understand the factors contributing to successful claims. These stories represent more than just numbers – they’re real people who have navigated the same challenges you might face now.
Recent data from Ontario’s insurance claims reveals interesting patterns in how these benefits are awarded and utilized. Through these statistics and case studies, we’ll explore what makes a claim successful and what potential obstacles you might encounter along the way.
Statistical Analysis of Claims (2023-2024)
| Claim Type | Success Rate | Average Processing Time | Average Settlement |
| With Legal Representation | 85% | 4-6 months | $42,000 |
| Self-Represented | 45% | 8-12 months | $28,000 |
| Complete Applications | 78% | 5-7 months | $38,000 |
| Incomplete Applications | 23% | 12+ months | $22,000 |
Case Study 1: Student Applicant Success
Background:
- 22-year-old university student
- Severe concussion and spinal injury
- Unable to continue studies
Outcome:
- Approved for full NEBs
- Duration: 24 months
- Additional benefits secured
- Successful return to studies after recovery⁷
Case Study 2: Recent Graduate
Situation:
- Nursing graduate
- Pre-employment injury
- Multiple fractures and PTSD
Key Factors for Success:
- Comprehensive medical documentation
- Clear evidence of career disruption
- Strong legal representation
- Structured rehabilitation plan⁸
Critical Elements for Approval
| Factor | Impact on Success | Supporting Evidence Required |
| Medical Documentation | High | Detailed specialist reports |
| Legal Representation | Significant | Case management expertise |
| Treatment Compliance | Critical | Attendance records |
| Activity Documentation | Essential | Daily logs and photographs |
Statistical Trends in Ontario (2024)Claims Distribution
- 35% Car accidents
- 22% Non-earner benefits
- 18% Combined benefits
- 25% Other claims⁹
Geographic Distribution of Claims: Ontario Regional Analysis
| Region | Claim Volume | Average Processing Time | Success Rate |
| GTA | 45% | 5 months | 82% |
| Ottawa | 15% | 4 months | 85% |
| Southwest | 20% | 6 months | 79% |
| Northern | 20% | 7 months | 75% |
FAQ and Conclusion
As you navigate your non-earner benefits claim, you’ll likely have specific questions about your situation. We’ve compiled the most common questions we receive from our clients, along with detailed answers based on current Ontario law and our extensive experience in handling these claims. These practical insights can help you avoid common mistakes and better understand your rights.
The path to securing non-earner benefits may seem complex, but with the right guidance and preparation, you can effectively navigate this process. This final section addresses key concerns and provides actionable steps for moving forward with your claim.
Frequently Asked Questions
Q: Can I work part-time while receiving non-earner benefits?
A: Limited part-time work may be possible, but earnings could affect your benefits. Consult a personal injury lawyer for specific guidance based on your situation.
Q: What happens if my application is denied?
A: You have two years to appeal through the License Appeal Tribunal. Success rates increase significantly with legal representation.
Q: Can I receive both non-earner benefits and long-term disability?
A: Yes, but LTD benefits may be deducted from your NEBs. For benefit coordination, professional guidance is recommended.
Q: How often will I need medical assessments?
A: Typically:
- Initial assessment within 10 days
- Follow-up every 8-12 weeks
- Insurance company assessments as requested
- Specialist evaluations as needed¹⁰
Q: Can I choose my healthcare providers?
A: Yes, for primary care, but insurers may require independent examinations with designated specialists.
Q: What if my condition worsens after approval?
A: Document changes immediately and notify your insurer. Additional assessments may be required.
References & Additional Resources
For expert guidance on your non-earner benefits claim, contact our experienced team today.
1. Financial Services Regulatory Authority of Ontario (FSRA)
4. Ontario Trial Lawyers Association
6. Ontario Motor Vehicle Accident Claims Fund
7. Canadian Medical Association Guidelines
8. Ministry of Transportation Ontario
10. Canadian Association of Rehabilitation Professionals
### Legal Resources at Badre Law
– Personal Injury Claims Process