Car Accidents and Non-Earner Benefits

Badre Law - Car Accidents and Non-Earner Benefits

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 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.

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.