to maximum of $333,630 Yes only Gratuitous Yes - Yes only Yes if injury Yes No Yes for Is domestic – – – – – available if care is not gratuitous available if exceeds 10 minimum claims before assistance assistance is recoverable care only assistance is points on the threshold of 1 July 2014, capped or needed for at available to needed for at Injury Scales $5,000 and maximum of restricted? least 6 hours the severely least 6 hours Values (ISV) cap on 32 hours per per week and injured per week and and the entitlement to week. For for at least 6 for at least 6 services are an amount claims after 1 consecutive consecutive provided for 6 equivalent to July 2014, months of the months of the hours per average benefits are year year week for at weekly payable for least 6 earnings, one year after consecutive maximum of the date of months 40 hours per the motor week accident Yes only Yes only Yes only Yes capped Yes when an Yes capped No N/A – – – – – – Are payments available if available if available if at $350,000 injury exceeds at $390,000 for greater than assessed at assessed at 10 points on and not loss 10% whole more than or above the Injury available if (pain and person $51,800 and $5,000 Scale Values assessed at suffering) impairment capped at (ISV) scale. No less than restricted and capped at $518,300 cap $19,500 under $511,000 common law? Yes Court scale Court scale Yes Court scale scale Yes if N/A Are legal fees – – – regulation sets claimant’s legal claimant’s capped or maximum fees fees not fees are restricted? however reimbursed if less than lawyers can benefit to the $50,000, a out’ claimant is less lawyer is not ‘contract and charge than $43,020 entitled to more than the and limited to be paid fixed costs $3,600 if the benefit is between $43,020 and $71,730
to maximum of $333,630 Is domestic assistance capped or restricted? Yes – only available if assistance is needed for at least 6 hours per week and for at least 6 consecutive months of the year Gratuitous care is not recoverable Yes - gratuitous care only available to the severely injured Yes – only available if assistance is needed for at least 6 hours per week and for at least 6 consecutive months of the year Yes – if injury exceeds 10 points on the Injury Scales Values (ISV) and the services are provided for 6 hours per week for at least 6 consecutive months Yes – minimum threshold of $5,000 and cap on entitlement to an amount equivalent to average weekly earnings, maximum of 40 hours per week No Yes – for claims before 1 July 2014, maximum of 32 hours per week. For claims after 1 July 2014, benefits are payable for one year after the date of the motor accident Are payments for loss (pain and suffering) restricted under common law? Yes – only available if greater than 10% whole person impairment and capped at $511,000 Yes – only available if assessed at more than $51,800 and capped at $518,300 Yes – only available if assessed at or above $5,000 Yes – capped at $350,000 Yes – when an injury exceeds 10 points on the Injury Scale Values (ISV) scale. No cap Yes – capped at $390,000 and not available if assessed at less than $19,500 No N/A Are legal fees capped or restricted? Yes – regulation sets maximum fees however lawyers can ‘contract out’ and charge more than the fixed costs Court scale Court scale Yes – claimant’s legal fees not reimbursed if benefit to the claimant is less than $43,020 and limited to $3,600 if the benefit is between $43,020 and $71,730 Court scale scale Yes – if claimant’s fees are less than $50,000, a lawyer is not entitled to be paid N/A