Section B Benefits in Nova Scotia

If the injuries you sustain prevent you from working, you can apply for a Section B Benefit known as a Weekly Indemnity payment. This provides up to 80 percent of your gross regular wages (less any other income you receive including EI benefits) up to a maximum of $250 a week, or whichever is less.

You are eligible for this benefit if a doctor has placed you off work for at least seven days within the first 30 days following your accident. The doctor must provide written documentation verifying that you are unable to work as a result of your injuries to initially qualify and to continue to qualify.

These Section B payments can continue for up to 104 weeks, or two years, if your injury leaves you unable to work. Following that, you would have to prove that you cannot work in any employment you are reasonably qualified for by education, training or experience to continue to receive benefits.

If you are the principal unpaid housekeeper in your home and an injury suffered in a traffic accident leaves you unable to do your tasks, you may qualify for benefits that pay $100 a week for up to 52 weeks.

Following a traffic accident, you will have to contact your insurance provider or the owner/driver of the vehicle involved. You will need to complete the necessary forms for a Section B Benefits claim. Don’t assume these forms will automatically be sent to you. It is your responsibility to get them.

Your family doctor will need to document your injuries and, if applicable, your employer will need to complete the necessary forms confirming your employment details before you can receive payments.

Your injury will be assessed under the Automobile Accident Diagnostic and Treatment Protocols Regulations. The protocols were developed to help those suffering from minor injuries to receive immediate treatment. Minor injuries include sprains, strains and Whiplash Associated Disorder I or II. You will have direct access to physiotherapy and chiropractic treatment without waiting for approval from the insurance company or obtaining a physician’s referral if you meet the criteria under the protocols.

If you are approved under the regulations you can receive up to 21 treatments for your injury. However, if you do not fall within the protocols, you must first use your private insurance coverage. Section B Benefits would commence when you exhaust your private treatment coverage as long as the treatment continues to be necessary for your recovery.

The last thing you need when you are recovering from an injury is to have your claim denied or your benefits terminated. But it does happen. For example, at any time during your treatment the insurance company can request an independent medical examination by a doctor of their choosing. After the examination, the doctor may determine you have recovered sufficiently and recommend that benefits be terminated. Failing to comply with treatment recommendations could be considered a failure to mitigate and you may not be entitled to further benefits. If the insurance company requests an independent examination, contact us and we can guide you through the process. We will also take up your fight if your benefits are terminated.

You are entitled to an explanation from your Section B insurance adjuster if your claim has been delayed, denied or terminated. If you believe you have been treated unfairly, our dedicated team can help. We will meet with you to gather the facts of your claim and advise you of your legal options. It’s our job to ensure you receive the benefits you deserve while you recover from your injuries.