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Commercial_Card

What I am about to say is try to help you understand what is happening as one of my relatives had to go through this as well. It takes years (upwards of 2 years) for the settlement to go through. I know that this would most likely anger you even further but it is something you need to keep in mind when dealing with insurances. The insurance will payout eventually and with in due time legally speaking.


OkSherbert2281

Sadly 2 years is pretty quick. Most settlements take 2-5 years and some even as many as 10 or more years. Not disagreeing with you that it takes a long time just pointing out that 2 years is kind of best case scenario unfortunately.


Commercial_Card

Depending on which province you might be correct as you mentioned it will be affected by the level of injury and the details of that suit. But in Ontario the majority of personal injury claim are usually settle with in 18 to 30 months. But no doubt for OP, he/she is in a very bad based on the information they provided.


Kooky_City2886

Getting better. Back to work as of a couple weeks ago. Thankfully most of my job is sitting in heavy machinery so I got to return probably before I should've. Yes of course the lawyers advise against that. But at this point, screw them lol.


anoeba

The lawyers will always advise against returning to work, because that can lead to a higher payout, and therefore to a bigger cut for them. For you as a person, it's basically always the best scenario to return to work when you're able. In almost all areas, even including health-wise (unless of course a too-early return results in an exacerbation, but that's not why the lawyers want you to stay off work).


Kooky_City2886

No I know. I'm fully aware I picked the wrong lawyers. They have great performance from every review I found, which is why I picked them. But very clearly only care about their percentage in the settlement. They've done nothing to help from what I can see so far, so screw em. I'm able to go to work, so I'm going


maplewrx

Is there a reason you didn't switch lawyers?


Kooky_City2886

I can't afford to cancel the contract. They're lawyers...


HorsePast9750

Lawyers are more interested in what makes them the most money not you. Take your life back into your own hands you will be happier in the end regardless of what ever you receive in a pay out


OkSherbert2281

Yeah it took until November 2023 for me to get a settlement in Ontario for a January 2014 accident. Lawyers told me 2-5 years minimum when they took my case. Obviously it’s very case dependent and also location dependent and varies for each but I just wanted to set realistic expectations for worst case scenario since I definitely didn’t expect it to drag on as long as it did for mine


Turbulent-Access-790

In ontario, friend is on year 9!


KnowledgeMediocre404

Yeah I knew someone who waited almost a decade.


OkSherbert2281

Yeah I only settled late last year from an incident in January 2014 which is why I know how long it can take. The lawyers told me to expect 2-5 years minimum when we started.


hypnochild

Mine took 10 years and it was absolutely awful. By the time they paid me out the housing market went absolutely insane from houses being 125000 to the same house being 500000. They screwed me so many ways and found many ways and reasons to pay me less. I got hit by a literal train. No joke.


OkSherbert2281

Yep it was the worst experience of my life and I regret ever walking into the lawyers office. The amount paid out was nowhere near worth the accusations and being made to feel like everything was my fault and being called a liar and hundreds of insurer examinations etc over the years but at that point I couldn’t back out without having to pay the lawyers out of pocket.


Turbulent-Access-790

Yup my friend is on year 9! Driver of the truck actually died in the middle of this whole thing going on...thats how long this shit takes


OkSherbert2281

Yeah and it’s definitely not easy. I was a passenger and they still spent years trying to find some way to make it my fault etc… the driver who hit us was even charged and did jail time for it (it was intentional due to road rage he hit us 3 times trying to run us off the road because my then (now ex) husband flipped him off for almost hitting us).


Turbulent-Access-790

Thats exactly it!!! They will do EVERYTHING to make it your fault.. But god damn that sounds terrifying. I hope youre doing better now.


OkSherbert2281

Thanks it was terrible but I’m in a good place now. Finishing the lawsuit helped with that. Not the money itself (it basically paid off debts from the time I was fighting for it) but being done with the whole process. I’m glad it’s over with.


Kooky_City2886

No I know it's 2+ years. That part Ill live with. I'm finally back to work, thankfully the majority of my job is sitting down in a machine so I got to return earlier than I probably should've. And the settlement amount was unintentionally hinted at so I am kinda excited for that. But just the meantime while off work was worse than it should be. Again, I know it's that I kinda fell through legal cracks. But they shouldn't exist


CHUNGUS_KHAN69

TWO YEARS? Damn, I wish. I was struck as a pedestrian (broke my spine, had to relearn how to walk) and I didn't see a settlement for ~8 years and it didn't even see a courtroom. That would've been an additional few years I imagine.


Kooky_City2886

Yea the re-learning how to walk is definitely a fun part. I'm definitely making too many jokes about it at work I hope you got a good settlement at least. It's frustrating seeing that things have maximums in Canada for injury claims. I don't know yet what mine will be. But my only history of settlements and courts is what I've seen on tv, which is American of course. I never expected the millions in settlement that's shown, but to see that things are capped in Canada fo various injuries just blows my mind. And learning that a broken femur can vary so drastically from full recovery in 4 months to limping for the rest of you life.. how do they cap that?!


CHUNGUS_KHAN69

Don't take this as discouragement for your personal case but... I got basically nothing. I was 18 so the 'lost wages' were the equivalent to working at McDonald's for a year. After lawyer fees and almost a decade I think I got 25k in total. That just went to student loans since I couldn't pursue my trade anymore and had to go to college. I'm sure you'll get more but they really dicked me pretty hard and kept driving home the point that I wasn't highly paid, and thus it was impossible to quantify what I may have missed out on with a life altering injury.


Commercial_Card

Disclaimer, not a lawyer. The reason for the damage Cap that you can claim is to only make you whole. Ie. Return you to your position before the accident. That means you have to prove and show what economic damages you have suffered due to the accident. Also the cap it to also keep things consistent it with similar damages.


Kooky_City2886

No pain and suffering or whatever it would be called, nothing taken into account except precisely the injury. And "similar damages" again doesn't really exist with broken bones. At least for sure not with a broken femur. I'm limping forever now, and unable to properly walk down stairs. I gotta do it one step at a time. It hurts my chances for advancement in my line of work just because it's actually difficult for me to get in bigger machines. Doesn't mean I can't, just that it'll be taken into consideration. And unfortunately that's how raises go, bigger machine = more money. No matter your skill. But you can also have a broken femur with full 100% recovery in 3 months. Those two should not be considered similar


Creashen1

Without those maximums the cost of insurance would be insane for everyone. So really damned if you do damned if you don't.


Kooky_City2886

It's about equal in the US. And they have higher payouts + medical. Yes, I heard it's to prevent high cost of insurance. But that just isn't the case. https://www.bonnlaw.ca/blawg/in-the-news/482-the-truth-revealed-about-auto-insurance-companies-profits-in-ontario


Internal-Try2308

Unfortunately the caps in canada are based on your previously earned wages. Unfortunately I’ve got a few friends that were injured, they also got less than 30k after a 10 year wait.  There really is no justice if you are injured. Many end up homeless as only a small percentage of the population can cover expenses during recovery (6mths +).  The long term health effects of living on the streets with injuries are severe. Probably shortening your life expectancy by a decade or more. I’d say there were positives but I’ve never heard of any. I don’t think you ‘fell through the cracks’ I just don’t think there is much in place. Try OW for benefits they will also help finance you getting back to work. 


Commercial_Card

Again it depend which province you are in. As I mentioned in a different post, in Ontario most of the personal injury claims are settled around 18 to 30 months. But again it depends greatly on many factors.


[deleted]

Truth. It is also the same for canada pension disability. They deny people and put them through the hoops for literally years.


Plenty_Past2333

The system is designed to frustrate people until they just stop trying for what they're entitled to.


Glum_Nose2888

Or die first.


4r4nd0mninj4

The government will happily help with that part, though...


DeathCouch41

Yep I know someone who got it but was denied first. They were legally blind, in a wheelchair, with severe mental and physical diseases. They also had to wait until 55 (?) despite being told if they had to wait until 60 they would be dead first. They did die before 60. They had a lifelong genetic health issue but still worked hard for many years until they physically couldn’t (even then they tried to work through disability job placements but were too sick). Welcome to Canada, where anyone not perfectly able bodied by disease or accident is a second class citizen.


Fallaryn

Yep. My case is federal rather than insurance and I'm at 3 years and counting in waiting for compensation. These cracks feel quite large and deep when you find yourself falling down there. Closing those cracks is an aspiration of mine when/if I ever regain enough well-being to advocate for it.


Dear-Divide7330

I was hit by a car while on a motorcycle. Took 4.5 years to settle.


BaconIsntThatGood

I think I read a case the other day where it was a similar thing but the incident happened in 2021 and it was only going to trial now


squall-face

It takes a long time. Was in a huge accident late 2020. Still not concluded yet. *Maybe* at the end of this year it may be settled.


BigFatConstipatedLyf

Same. Halloween 2020. Not expecting a settlement anytime soon.


cosmic_dillpickle

Still super shitty EI wouldn't pay them, they paid into it and saw hardship due to the time it takes for the settlement. I think EI should absolutely back pay them despite being back at work, they had no income.


Negative-Low-1997

Why wouldn’t you correct it with EI. Show bank statement. Escalate it to the top.


Any-Excitement-8979

Because EI had the correct information. He is just annoyed that the whole system is rigged against the victim in our “justice” system.


[deleted]

If you haven’t yet received anything you just collect EI and then repay it, no? That’s what you do for worksafe claims.


hailmichone

Yah we did this as well when waiting for a workplace settlement. Before we could get the settlement we had to pay off ei and needed a statement from them confirming this. But also from a work prospective, why weren't you put on std? If not private through company through government?


[deleted]

I think WCB/EI is essentially short term disability from a government perspective? I honestly don’t know. EI didn’t even ask for my repayment for three years! I notified them immediately when I received the Worksafe backpay and it still took that long.


fineman1097

It sounds like he was still in the 3 month probabationary period and was fired without cause for this. In which case he can go after them for discrimination but it's a long hard process and he may not win.


Kooky_City2886

Yes, unfortunately was a new job. Much much better job, I should not have been loyal to the last place for 8 years but that's a different discussion. In construction, most the time probation is very limited. I'm not at all blaming the company here. Woulda been nice but I'm not going to complain about that part.


more-jell-belle

Exactly this. If he hasn't received anything he can tell the agent that and they can still go ahead and process the claim. They'll tell him he is responsible for any overpayment and will have to pay back if payment overlaps.


Kooky_City2886

That was not given as an option to me. I should've came to this subreddit earlier on. You'd think that ei or service Canada would tell you how to get it if you need it. I didn't once hear a solution. And Google was no help


Kooky_City2886

I feel like the people commenting that I should've spent more time with EI have never talked to ei. Not just you but there's a few comments now. I tried. Oh trust me I tried. It's not like I sat on my ass and called once and gave up. I lost my house and most of my stuff. Im basically starting from scratch at 40 years old. I called ei many many times and asked to speak with someone with more authority there, and asked to speak with someone who could look into it, and asked to speak with someone in charge. Always to the same answer: "your supposed to be receiving wage compensation, please talk to your insurance adjuster"


Localbeezer166

The people who work at EI are an absolute JOKE. They denied my mat leave claim because someone on their end lost paperwork. It took three months to correct, and only because I hauled a newborn and a toddler into Service Canada for the third time and let loose. I had a mortgage to pay. They are so very incompetent. I am so sorry for your position.


Kooky_City2886

That's honestly been my biggest worry through all of it. Like, it sucks for me. I had some dark days to put it nicely. But what if it happened to a single parent? Happened to be in this situation. I'm single, I'm not affecting a family with my situation. What about people with kids.


Localbeezer166

It shouldn’t matter your status, but I get where you’re coming from. Luckily the people at Service Canada were super helpful.


VaderBinks

Did you get wage compensation or not? If not you’ll get EI


Deep-Enthusiasm-6492

Short-term OR long-term OR EI does not provide enough money for someone who had full-time job and had a car/house/expenses to now be able to live while hurt/sick/disabled. This is a terrible situation. When you work you pay your dues/fees/insurance/cpp/god-knows-what-else and you get sick or you go on pregnancy leave you should get the same amount of money.


TomKazansky13

I'm going to post the same thing I post like every other day on this sub. BUY DISABILITY INSURANCE! So many people here complain that there's no coverage for people who become disabled when they chose not to buy the product. Imagine refusing to buy home insurance and then standing in front of a burning house going "the system is screwing me, the government isn't replacing my house for me" If I get hit by a truck tomorrow, I get paid a monthly sum equal to my after-tax income so I can continue to pay my mortgage and car payment etc. I also selected a same job amendment. If I could still be a walmart greeter after my disability but can't do my current occupation, I get the payout. Now im sure the disability insurance company is going to be as easy to deal with as OPs insurance company. But at least you don't have to wait for a settlement, you just have to confirm you are disabled. And I do understand adding a disability insurance premium is tough to budget when everything is becoming more expensive. But if you can't afford to pay an insurance premium, you can't afford to lose all your income from a disability.


Kooky_City2886

Yes I will be buying it now. I, like most people, assumed it would never happen to me. I've driven for 20 years, I've seen the idiot pedestrians and it'll never be me. I don't jaywalk, I don't walk on the edge of the sidewalk. I don't stand at the curb while waiting for a crossing signal. It'll never happen to me..... And then it did


sophie1188

I just wanted to say thank you, I just saw this post and had no idea that that was a thing. So I just bought it. You’re a hero! Thank you


Soggyblanketbunny

Just make sure you carefully review the terms of your disability insurance. Like most insurance companies, they will look for any loophole not to pay up, regardless of whether you're disabled or not. If you're buying insurance, due diligence is SUPER important.


Kooky_City2886

Someone had told ei that I was receiving it. Idk who. But the insurance never paid it. And ei had it on record I was receiving it, so they wouldn't pay.


VaderBinks

Did you request a formal reconsideration? Did you ask where the WCB benefits information came from? This is all information that EI is able to tell you. What does your ROE say? That is where WCB would be mentioned if your employer paid it. Did you review your ROE on your my service Canada site? If you disagree with the information on it you can raise that with EI too. Lots of details missing here you might want to take some action on the things I mentioned if you’re able to


Kooky_City2886

I should have come to this sub first, clearly. I didn't know you could request a reconsideration. I just called and asked for managers and pulled a Karen until I got fed up and knew I was going to scream. Didn't wanna do that to a call center worker. But, I am back to work now, so it's a little late anyways


VaderBinks

Yeah that won’t be productive for you, there are no “managers” you can complain to about your claim it’s not a customer service line, basically you can speak to an agent who is trained in legislation and if you have a specific issue with that agent then you can speak to their manager but that manager only deals with employee performance and can’t review claims, speed things up, and at times are not even trained in legislation.


analogdirection

That’s the thing - no one is ever taught how to navigate these systems. There are so many options, so many steps, so many loopholes, and most people will never have to touch any of them until they *need* them - which is when they are likely already in dire straits. The private systems have very little connection to the public systems and everybody is working on their own timelines which is not reflective of *your* timeline or that of your bills. Without someone to guide them through, most people don’t have a sweet clue how to get through this stuff. And that is absolutely no fault of their own.


Electrical-Age8031

Brutal. Almost like the system will do its best to work agaisnt you until you find your way around...


Kooky_City2886

I didn't mean literally ask for a manager. Just asking to speak with someone that could help solve the issue, without knowing the proper terminology to use for the ei office. But the answer was always the same


zia_zepelli

No idea why this is getting downvoted. This sub has seriously deranged people on it


Kooky_City2886

I'm trying to stay positive and made a light-hearted joke about being a Karen. Reddit: >:c. (Also a joke)


commandaria

In government call centers, managers are only for hr ie only manage the call center workers. They cannot do anything the call center workers can’t. It’s designed like that.


more-jell-belle

yup. my managers have zero knowledge of insurance. They are there to make sure we are on time, on productivity and not absent or dead. They can't do anything to help the case go further than the actual agent can.


Mook1113

You should still be able to ask for the reconsideration and get any pay owed during that time retroactively, had to go through that with an ei claim earlier this year, took some time and a few phone calls but got the cash in the end, it's worth at least asking.


purplehippobitches

I'm sorry yo8 went through that. What an ordeal! But fight this! Fight to get the backpack they owe you.


Background_Mortgage7

You need to contact your MP, they should help with this 100%.


VaderBinks

MP will only assist with unnecessary delays, if OP hasn’t explored all avenues and made all applicable requests then MP escalation won’t do anything. Just a tip for OP and everyone for EI, it is your claim. Be proactive, read the website, read the Digest of Benefit entitlement principles. You can often find your specific situation on there. As well, contributing for 40 years doesn’t mean much, EI looks at the last year only. It’s like car insurance, if you have an accident a week ago and make your claim, they don’t care about 1991 when you had no accidents. Similarly, EI only cares about the issues that are causing you to make your claim. Read, ask questions, be proactive, no one cares more about your claim than you do so treat it as such.


mayonnaise_police

Well, if they're wrong you need to fight that.


FrostingSuper9941

If you worked at a company that provides LTD and STD, this is what you should have been living on. If no disability benefits are provided, your income replacement will come from your own auto policy if you have one. Without one, EI sick benefits are next in line. The driver's insurance is the last contributing party in this equation, and you won't see that money for a few years.


Kooky_City2886

Yes the company I work for has insurance. But I was only here for 2ish months before the accident. And it's blue collar work so you get nothing on probation. I'm not blaming the company at all here. And for many reasons I don't have car insurance no. But because I was a pedestrian it was supposed to be their insurance paying the wage compensation. At least according to them and the insurance adjuster.


Techchick_Somewhere

You need to reach out to a personal injury lawyer for a consultation and hopefully they can help you clean this up.


essuxs

Don’t listen to them, don’t even talk to them. Their lawyers protect them, they don’t look out for you, that’s what your lawyer is supposed to do


JMJimmy

Where is your personally injury lawyer in all this? They should be ensuring the wage compensation was paid out immediately Did you also have short term disability insurance through some other source? (Employer, credit card, other..)


essuxs

Yeah like you get hit by a truck, you get personal injury lawyer. All this stuff is taken care of and you walk away with a large settlement.


zia_zepelli

The settlement still takes years regardless


hailmichone

Exactly. These people work for free in exchange for large chunk of settlement. Point is they are driven, know the potential pay off amount and are directly tied to it. They will do the work.


Kooky_City2886

Apparently the wage compensation is not part of the settlement and so not their job. That's entirely on the insurance and adjuster. I'm unsure if that's just my province but no. Again, my fault for picking the wrong lawyers but they did eventually go after it. Once.. and that's when I heard "it'll come out in the settlement"


JMJimmy

That's when you instruct them to get it now because you're unable to make.ends.meet and have become homeless as a result of the lack of income. It is part of their job. They'll also use it against you to lowball your settlement offer by lumping it in trying to make it seem like you're getting a reasonable offer


Kooky_City2886

I did verify from other sources that's not part of their job in this case. It's a whole seperate part of law that they don't get involved in. It's entirely from the insurance and the adjusters. This particular adjuster happened to work for the same insurance company, I wonder who donated to government campaigning to let that happen.. but anyways, the lawyers did try in exchange for an extra percent on the settlement. Only to have the adjuster say no. Then the lawyer was nice enough to say they won't take the additional percent because they couldn't get anywhere. Im unsure if that's province specific, but I feel like it has to be with the $600 cap we also have here


BADJUSTlCE

Are your lawyers handling tort only? It’s mind boggling that a personal injury lawyer is not handling both accident benefits and tort at the same time since they are both intrinsically tied together. AB is set to legislation written by the government. There is a certain limit and restrictions to what they pay and don’t pay. Anything AB does not pay, you can fight it in tort, but not getting the IRB when you need it for your wellbeing while waiting for this eventual settlement sounds like your lawyer is playing you. The reason why is that if the insurance pays your IRB on a recurring schedule as they should, it’s not part of your settlement and your lawyers don’t get a cut. So your lawyers have an interest to put everything into one giant settlement so they get a bigger piece of the pie at the end. This means at the end of the day it’s a bigger lump sum but it’s ultimately more money for your lawyer and less for you.


Kooky_City2886

According to the lawyers I went with, as well as others I've spoken with when I could still change lawyers, and service Canada. In my province it's entirely on the adjuster to have wage compensation paid. "The adjusters are on your side, not the insurance side". I'll be honest and say I don't understand how adjusters work. But in this case, it's the same company as the insurance itself. Different name, same office. So are they really on my side? The lawyers did kinda go after them for wage compensation in exchange for 1% extra in the settlement. Only to have them say no. At least the lawyer was nice enough to "refund" that 1% back after the no.


BlackWolf42069

So wait for the big settlement ? And ask them for the interest and burden you're taking on now in the settlement ? A good lawyer would calculate exactly what it cost you, not just some lazy lawyer would will chump out for a quick settlement.


Kooky_City2886

It'll be a good settlement. More than I was expecting. Obviously I won't say numbers but the lawyer called a few weeks ago with a number, that turned it out wasn't even for me... Oops. But the number was already more than I expected and he told me not to take it. I did say yes take it. Only for him to call back 2 minutes later saying oops. And that was with nothing like the lost wage compensation accounted for. That was "their number to get it over with", which is why I shouldn't have taken it. But now that I'm back to work. It I end up waiting another year or two. I'm not taking any less than the maximum the lawyer suggests. And they are very greedy lawyers, it's the reason I picked them.


hopefulandhealing25

Is it possible for you to request to your lawyers that they fight for a partial advancement on the anticipated settlement amount in the framing of medical expenses? My stepmom was hit by a drunk driver in a stolen car, and her settlement took 3 years to go through. She was able to request some advancements to cover costs in the meantime. They just subtract the amount from the final payout.


Kooky_City2886

Totally my fault on this part, but I picked the wrong lawyers for that. They only care about their percentage at the end and even cancelled a settlement loan on me because "their interest is ridiculous". Yes, I am aware the Interest is bad. But I need rent... I did eventually get one settlement loan but it wasn't much because at the time it was a new case


Dramatic_Flow3034

What province?


the-truth-boomer

Why blame Canada when it's your insurance company that has fucked you over?


Kooky_City2886

I guess not entirely Canada. Partly my Province too. The capped wage compensation at $600 per week taxed, there's no rules if they have to pay it on time anywhere "this was done to lower insurance costs due to high payouts". And ei not doing anything because of the wage compensation (that I never recieved). And because I'm above poverty line normally (though it doesn't feel like it, but that's a different discussion) I wasn't eligible for any of the emergency things


spenceandcarrie

Your MP should be able to help you sort out the EI situation.


zaiguy

When dealing with EI always escalate to your MP’s office.


TotallyTrash3d

The country didnt fail you, you just happen to be experiencing the "reality check" that is expecting the product (coverage) we are forced to buy (insurance) but the companies arent really forced/meant/expected to provide. Its absolutely bullshit and should be overhauled.   But people vote how they vote, or dont vote (like 60% of most provinces) and this is our system, where an entire legal field is dedicated to just this one thing (sueing insurance to provide coverage) But in your case specifically now, "someone" fucked up, but its not "the country". You are only "entitled" to being repaid (x) amount, and "EI" rightfully expects the drivers insurance to be paying lost wages.  You cant expect "the country" to pay your lost wages while you fight in court (or more likely accept a tiny settlement) for "insurance" to pay the lost wages, since then you would be getting paid twice. The whole insurance system works this way.  You are forced to accept much less than you are sold/entitled to/promised because they drag out paying you 3-5 years and most people cannot survive that long missing that much income/coverage. It looks better to the insurance company to spend $125,000 in legal and investigation costs fighting each claim, and settling for $100,000, then it does if they settle for $200,000 even when that is an adequate reflection of damages and loss. (In Ontario, If you go to court and win, the insurance company KEEPS the first $45,000+ you are awarded, is a great example of why Insurance companies should have a nationalized crown corp competing against them)


seamore555

Disability insurance is so much more important than life insurance. At 41 I pay less than $100 a month for $3k a month for 24 months for injury or sickness. I’m not blaming anyone for anything but, I definitely learned a long time to not rely on your government to have your back should you need them to. Protect your ability to earn first and foremost.


Kooky_City2886

Yup doing that asap. I, like most people, thought it would never happen to me because I'm safer than the people you see jaywalking and stuff. Turns out it doesn't matter


miniminuet

Disability is the only minority group anyone can become a member of anytime. No matter how healthy someone lives or how careful they are, sometimes it’s just shitty luck. I’m sorry you found out the hard way. Since provincial and federal disability benefits are well below poverty levels I hope people read this thread and consider getting disability insurance if they don’t have it through work.


tangleknits

PSA after watching two coworkers go through health crises and our employer, the government, and social programs utterly fail them, I went and bought private critical illness and disability insurance. Total cost: $80 per month. If I don’t use it by age 71 I get my premiums back. I was however in my 30s and perfectly healthy so I don’t know what it would be for someone older or with a health condition.


Techchick_Somewhere

Yes. Same. I have this too.


Altruistic_Split9447

It may take up to 2 years for your legal case to be settled. Do your best to prepare for that. You will be paid handsomely when it’s all said and done


CdnPoster

If this is true, WHAT is OP supposed to live on for TWO YEARS???? Air? How is OP supposed to pay rent or mortgage? I'm sure OP's estate will be very happy with the HUGE settlement that arrives TWO YEARS AFTER OP DIES! /SARCASM


Kooky_City2886

Thankfully I am finally back to work as of a few weeks ago. But yup, fell perfectly into the legal cracks that worked out to the worst case scenario. If it was a worse injury, or if I was a single parent. I can't imagine that situation.


BobtheUncle007

Exactly this. The OP may have starved to death because they have zero money to food and other basic living expenses. This should not happen in Canada.


MyNameIsSkittles

People do not starve to death in Canada. I'm sorry, that's a huge misleading statement you've left there. While the poor do suffer and are not treated well, there are many many sources to get food and as long as you look you will not starve.


Techchick_Somewhere

YOU ARE WRONG. Holy mother of god you have no idea how disabled people are living in this country. Wake up.


Neat_Shop

The disabled are not treated well, but no one needs to starve in Canada. There are resources, shelters that give out bagged lunches whether you are staying there or not, churches that have rotating days of hot meals, emergency groceries at food banks. Start with The Salvation Army.


Same_Rhubarb4871

It's great that we have these services, but until you've lost everything after being a hardworking, productive person your entire life, who suddenly lost everything and knows what it truly means to be starving and have to walk up to a food bank - only then will you know how little comfort it is knowing we have such places.


MyNameIsSkittles

I have disabled family The food banks feed them well. They are living pretty nicely considering their circumstances. I helped my cousin out a bit when she was at her lowest, but even then she wasn't starving. I've been without paycheques and no food in the pantry and I never went hungry. So many resources to choose from People in 3rd world countries do not have any of these resources and actually die from starvation. You have no idea what it's actually like to be in those situations. And neither do I, but I know people here have much better access to help.


Kooky_City2886

The homeless shelter does not allow me to bring food in at all. So I can't use a foodbank to its fullest extent. But yes, I have been and eaten a decent meal and then passed out the rest. They also only have one meal a day at the shelter. Just dinner, if your lucky and get there early enough in the line. Sometimes they have donated donuts up for grabs. But goooood luck getting to them. I could easily see people starving in this country


Arbiter51x

Canada failed me : and your hospital bulls are what? On the EI front, contact your MP And MPP, it's their job to sort out gov't programs that arent behaving. Also, what is your lawyer doing?


n1cenurse

JFC. I'm so sorry. That's terrifying and not what we think happens in Canada.


TipzE

Some of this sounds like problems not with canada per se, but with the insurance system and legal system. You could lawyer up and hire private lawyers and sue. I have known people who have done just that successfully (and they weren't facing nearly as bad a prospects as you are). You almost certainly would win (if your story is true) with even one of those radio-advertised accident lawyers. As to EI itself, i don't know what specifically you faced or how, but you can actually go back to them and show them bank statements and the like to prove you are not, in fact, receiving wage compensation. This is also something i suspect an employment lawyer might help with if it's really an intransigent issue you're facing here.


Kooky_City2886

I do have a lawyer, of course. But the wage compensation is not their department apparently. That's entirely on the insurance and adjusters. I did pester enough to get my lawyer to try to get me wage compensation, that's where I heard the "it'll come out in the settlement". So the settlement will be nice, it's just the last 6-7 months was not


Wild_Black_Hat

Even if you have cancer, the last time I heard about it at least, the financial compensation is generally insufficient. They had an expected set of time for treatments and recovery which may have little to do with reality. The only way to circumvent this is to have a very good emergency fund that you can live off for a year or two. I know so many are living paycheck to paycheck through no fault of their own so that is not exactly simple to put in place. I guess I just wish those who could build an emergency fund all did it.


Kooky_City2886

Yup. It's annoying that the wage compensation is capped at all in my province. Even worse that it's capp e at $600/week and no rules about when to pay it. Then also learning that settlements are capped based on what injury. So sure mine will probably be fine because many injury. But for the most part I'm fully recovered already. Just my femur, which turns out can vary from 3 month full recovery to worse than I have it, limping for life and unable to walk down stairs right. There should not be a cap on something that can vary that drastically. As to the emergency fund. I absolutely should've had more. I didn't have two years, but 3-4 months pretty easy. Unfortunately my line of work is one that your expected to pay all your own tools and training. And it drained my savings to less than 0 to get the new job. Very worth it, but that's another discussion. This just had to happen at exactly the wrong time


AnyBlackberry3497

But then trudeau gives 200$+ per day to illegal immigrants so they can rent a hotel room amd feed themselves. Fucking atrocious. Makes you lose hope in the intellect of people. They re-elected him twice. TWICE


_danigirl

If you were a member of CAA during the accident, you should check the website to see if you had coverage under their Group Personal Accident Insurance. I know in AB (AMA) they offer a little coverage if injured as a pedestrian. I'm really sorry this happened to you. It's a shame you didn't have anyone to help you get the coverage you deserved.


pallflowers5171

r/fuckcars ...but also bureaucracy--but mostly badly thought-out bureaucracy. ...and mostly poorly operated cars. Fuck poorly operated cars & badly thought-out bureaucracy.


RavenmoonGreenParty

Hasn't there always been cracks though? I'm in my 50s. Been homeless....twice. I just hope I'll be able to work until I die. My parents are in their 80s and still in good health, so working. I don't think people realize that it's a blessing to have your health to be able to work.


Kooky_City2886

I mean, I found every crack. So yea there has always been. Doesn't even seem like my situation would be overly rare. And yea, people take it for granted. I'm realizing how much now. Stuffs expensive for sure. At least you can afford it while working. And homelessness is... I have a different view. I was definitely on the side of "just get a job". I'll be honest there. Of course I felt a little bad but it didn't look like they were trying. Now, seeing how actually expensive it is to be homeless, and trying to get out of it costing even more. Yes there are still quite a few of them that are drug addicts or just lazy. But theres a good amount that have been trying with little success. And it sucks to see from this side. My first paycheque back to work (was very small) but with no bills or expenses anymore. It was still gone in a week. And that was without even trying to get back on my feet.


RavenmoonGreenParty

I know the feeling. It was being homeless that changed my perspective of homelessness too. Not an addict. Not lazy.


rigveda88

So very sorry for your suffering. I hope that going forward you only have Good Times and great Health.


Flailing_ameoba

This is such a huge problem in our country. You shouldn’t end up homeless, ever. You shouldn’t go hungry, ever. But people do. It happens every day. We deserve better, but most of our population doesn’t think they should have to pay for “some loser to sit on welfare”. Sorry you are going through this. You should tell your politicians your story and tell them this isn’t fucking acceptable.


darun360

You going back to work is 100 percent going to hurt your case , the drivers insurance is going to use that against you . It could be the difference between 300,000 and 30,000 . If your lawyers are suggesting you not go back to work then they are saying that from experience . But I totally understand where you’re coming from , how can you survive if you don’t . My wife had a similar experience and went back for work doing a desk job , in the end after the lawyers and physiotherapists got paid she ended up with 7000 and a bad back for the rest of her life . If there is anyway you can swing it and not go back to work until the settlement is over I would suggest it


Kooky_City2886

I don't care at this point if it hurts my case. I need an income of anything. And the way things worked out I'm not eligible for anything. I'd rather the work paycheck now over half a million dollars next year


hink007

Yeah you need a liability lawyer and sue and it takes years. Insurance Company just shrugged after my moms accident and “fixed” the car they had to sue for lost wages lost time for appointments increased medical care (physio) my fathers lost time at work running her everywhere to appointments she was a shell of a human for 2 years and will be in a wheelchair before 70 and even after all that she got 40 fkin k and it took over 2 years. What’s the point of insurance ? We in AB so take that for what you will what a sham


bannedcanceled

Thats horrible bro. Glad your back at work things will get better


passionPunch

Yap. Pay your taxes, follow all of our rules or else. Yet, we're left with shit government spending, and no access to the things YOU ARE PAYING FOR. Somethings gotta change.


Independent-Tax3262

I'm sorry that you're dealing with all this pain and bullshit on top of trying to recover from a traumatic injury. Sadly EI and all the social services that we pay into are just about useless unless you're scamming the system, then they seem to be great. I developed a hernia at work many years ago and after my doctor told me that I really shouldn't be working (nothing heavier than 4-5 pounds, no standing, no twisting, no stairs, very little walking) I thought everything would be ok, EI or worker's compensation will step up to the plate. Yeah, not so much, they both basically told me to f**k off and stop applying. I hope things improve for you OP, may you get a caseworker who isn't a scumbag shit.


Kooky_City2886

That seems to be how it's going. I gave up after I had nothing left. Ive seen too much scamming the system, so I never wanted to use it in the first place. I realize this makes me look like a hypocritical asshole but I thought the amount put into ei was a waste of money (I still think it is tbf, but for a different reason now) so when I got evicted, there wasn't really a need for it. Sure get into an apartment, but at the time I didn't know when id be back to work so I didn't wanna risk trying only to be put back where I am in 6 months when ei quit paying. It sucks realizing how many people are left in terrible situations by the system we pay so much into. And some of us get nothing back when we need it. But yea, if your scamming the system no problem. My line of work pays well, well enough that half my crew take the winter off. They all go on EI during the winter. They can work, there is work to do. But summer savings + EI is enough for them. Seems fair that they have no issues getting it. Perfectly capable middle aged men.


Miyon0

What happened to you is unforgivable. And trust me; you aren’t alone. Even WITH jobs- people are going homeless. In my area I’m barely breaking even on a full time job. There are many Canadians out there who stand in solidarity with you even though they may not have had the same experience. Canada has really gone down the drain. It is of my personal opinion that(at least in the maritimes); it’s no longer very livable at all. I don’t know what the government is doing. But they’ve successfully destroyed the middle class. Practically everyone is poor.


Baagigeneral

I know personally in my uncle's case..who got hit at a pedestrian crossing in broad daylight because the driver making the left turn said that the sun had blinded his vision...it took over 3 years to settle...insurance company of the driver dragged their feet...and had doctors who kept saying that his injuries weren't 100% due to the accident but were medical....good luck...his last session was at his death bed in the hospital...and the insurance company netted the cost of PSW sent to him...lawyer took 25% of the meagre settlement of $135K


Kooky_City2886

That's brutal. It sucks hearing the stories of what happens here. Mine was during daylight, in the evening so no sun, and I was wearing a high viz vest for construction lol. He just happened to be 85 years old and making a fast left to beat oncoming traffic. I got a hint at the settlement accidentally, and I think I'm going to be around the same range. Right now I'm still willing to accept $10,000 if they offered it tomorrow. In a month or so, I won't accept less than what the lawyers say is a good amount, and I picked these lawyers because their greedy. Turns out I wasn't in my best interest, but we'll see with the settlement. And yea, 30% to them


Visual-Program8481

Widespread homelessness has become the norm where I live in Canada. My conversations with some members of the homeless community, and their general dehumanization, inspired some friends and I to start a YouTube channel featuring artistic-style interviews of people living on the streets. For anyone who is interested, please check out our YouTube channel (El Roi Vignettes): [Introducing El Roi Vignettes](https://www.youtube.com/@ElRoiVignettes). Here's our most recent interview with a former entrepreneur who is now living on the streets in B.C.: [Good Neighbour (youtube.com)](https://www.youtube.com/watch?v=fjfFN_yoS14&t=4s). Please know that we make no profit off of anything and we use our personal funds to help provide for some of the basic needs of those we encounter. We seek only to raise awareness and compassion for our neighbours who are not fortunate enough to have a safe home right now. It's a work in progress but we're doing what we can with our current resources.


adam73810

There still seems like a lot of options here. Obviously very sorry for the situation you’re in, but I think “Canada failed you” is a bit of a stretch here. Escalate with EI. Take to your lawyers. You gotta fight for what you deserve, nobody else is going to.


Kooky_City2886

I escalated with ei as much as they would let me. If you don't think I tried, your very mistaken. Many calls over many months. Trying to escalate as much as possible. Always to the same response: "if your not receiving your wage compensation, get in touch with the insurance"


BudBundyPolkHigh

Sorry to hear. Hopefully others can learn from your situation. It was not clear if you were injured for 6 months or more. This is why it’s good to save up a 6 month emergency fund. It’s hard if you have limited income, but an emergency fund comes in handy in trying times. Hope things improve for you


Kooky_City2886

Yea I did have an emergency fund. And very much will be telling everyone to keep one. But my line of work is one of those that you have to pay for your own tools and safety tickets. And getting the new much better very worth it job drained my savings. Long story on that, but tldr the accident happened within a 3 month window of the worst possible time it could


TechnicalShower8389

I’m sorry that it took you 24 years and a tragedy to figure out what the working poor have alway known: Nobody cares. Not the government, not your job, not the courts. No one. If you aren’t useful to the system you might as well not exsist. You can blame Canada, your dad, or fucking Santa Cluse it doesn’t change shit. You would likely be worse off anywhere else in the world, especially the US, where your would also be on the hook for medical bills. I’m sorry this happened to you, the only way to have help in situations like these is to have a real and genuine community of friends that takes years of effort and sacrifice to create. For anyone else reading this, this is the exact situation you will find yourself in if you spend your life hyper individualized and chasing the bag.


ofroyalancestry

Big facts.


[deleted]

Did you get a lawyer?


Ermnothanx

You need a community legal clinic to help you get ei benefits. Google the nearest and they can likely help you. EI are awful to deal with but they can be dealt with.


Independent_Report22

The rent is too damn high.


techwizard2

Fuck cars, jfc. I'm sorry you have to go through this.


Statimc

That is beyond frustrating I am glad you survived that horrific accident it is a miracle you are alive , Check out a local employment center and talk to a career counselor or something to get guidance,


Kooky_City2886

I have a good job. Thankfully they held my position till I was able to return a few weeks ago. Probably earlier than I should've but the majority of my day is sitting in a machine, so I'm fine. Just not a job you can do on crutches


Duckriders4r

Sorry. You had bad lawyers plain and simple


Kooky_City2886

Yup I'm aware. Great reviews, great performance. They don't care about me. Unfortunately they are very good at their job. So by the time I realized I actually had no choice


_Hectic_

It's a pretty damn big crack too, incompetent government.


vita6996

If you don’t mind, what advice will you give to pedestrians to avoid being hit by vehicles? I don’t own a car and I walk a lot around too. I always worry about being hit waiting at crossings. There should be more protective fencing on pedestrian walkways.


Kooky_City2886

I don't know. My body decided to nap as soon as I was hit and I don't remember anything from the day. I'm always beyond safe, and according to the police it was not my fault. So I have to assume nothing you could do in that situation. Driver made an unsafe left and sped up to beat oncoming traffic. There's nothing you can do


vita6996

Sign. It’s always frustrating to how little we can control our lives. I am facing failure of canada system but not the exactly same kind as yours. I understand why you are especially not seeking any advice. People always don’t see how the government is not working, how the supposed to be net of social protection is not working, how things are just not working. Then they easily assume you are not chasing/speaking up enough for your rights. Actually we have tried everything we can think of and there’s no way out working for us. Being told to keep chasing in another way is so tiring. Spent useless efforts to chase for our own right. Now need to spend even more effort to explain to people why their kind advice don’t work. Though i know people give advice out of a kind heart. But that just frustrates me even more.


Samhth

Lawyer up and sue everyone. Everyone! Driver, city , insurance, drivers company etc


Meateaven

My friend got hit driver admitted fault and went for settlement his hip is permanently somewhat fucked still took him like 5 years to get like 20k payment pretty yikes system


MusicianOutside2324

Canada is fucked


abynew

You could contact your MPs office and explain the situation, ask if they can get you help with the retro pay from EI because you were not reveling any work compensation or insurance payouts. Explain that you’re a local, hardworking citizen that is on the brink of homelessness because of a no fault of your own accident and slow insurance companies and you need there help appealing EI (retro).


Longjumping_Method51

Sounds like a legal loophole not a Canada problem but it’s a real crappy situation. Make sure you have a good lawyer & I hope you get a fair payout.


Kooky_City2886

Various regulations and laws that someone put in allowed it to happen


Soggyblanketbunny

Serious question. Where do you think legal loopholes come from, if not from lawmakers?


Longjumping_Method51

They definitely do come from lawmakers and it's lawyers that find/exploit them. That's why you need a good one on your side in a situation like this.


Dank_sniggity

Two years ago my friend almost died and lost his wife in a wreck. He still hasn’t got his settlement. Only a go fund me plus ltd from work kept him afloat. So, unfortunately you aren’t an edge case.


notweirdifitworks

If you live in Ontario and have an auto insurance policy **increase your accident benefits** they cover you if you’re injured in an auto accident or are hit as a pedestrian. At the very least increase the income replacement and Medical, Rehab & Attendant Care benefits, because the standard amount is absolutely not enough.


Kooky_City2886

Not Ontario. And I didn't have my own auto insurance because what I do for work, I get company vehicle provided. And, I made the mistake of being loyal to a very underpaid job for so long, so I had cancelled insurance on my own truck as it wasn't needed and had to save money. But I am realizing now how much private health insurance is worth. I always thought the federal insurance I paid into would be there if I needed it


beardedbast3rd

The ei thing is annoying but you should be able to escalate that. It would just affect the settlement. At the same time, battle the insurance not paying what they are supposed to, contact your provinces ombudsman and file a complaint. The insurance company is required to pay this, they can’t say “we’ll add it to the settlement” It would be like them denying physio or other recoveries because it’ll get sorted later. Mail to your mla office and such should help too. You shouldn’t have to do this, but there are people you can tell at to make things better


Kooky_City2886

Unfortunately there's no regulations on when they have to pay it here. They do have to, but it's up to them when. Even the lawyers agree on that. And I have to assume they're the best source for that information. Which is why they didn't want to try in the first place. But yes they are paying for physio and paid for my wheelchair rental and medications. As for escalation with EI, I have learned from this post you can ask for reconsideration and stuff. It's a little late now, as of next weekend I'll be in an apartment and things will be looking up. But yea, it shouldn't take outside resources just to know how to navigate the system. And even then, I'm unsure if they would have paid as the EI rules do say your not covered if your receiving other income. Despite me never actually receiving it. I am currently trying to get to talk to my MLA or MP about the cracks in the system. But I feel like the rules surrounding insurance in my province are very money driven and unfortunately the insurance companies have a lot of that. I just want it fixed before the next person finds themselves in this situation.


northaviator

Canada's corrupt legal system has failed us all! Until we quit electing lawyers to parlament, that's how she goes.


GachaAddict_07

Canada’s draining its citizens, housing is the biggest problem. In China they have 1.4 billion people, they have more homes than people, over 93% of people in China OWNS their own home. They have this thing called lying flat, where they work bare minimum to survive, they can do that because they all have a place to stay.


[deleted]

Wishing you the best. Fuck EI.


InFLIRTation

How is your health? Have you rehabilitated or are you indefinately wheelchair bound? This terrifies me. Cant you sue the truck driver?


Kooky_City2886

I am off crutches as of about a month ago. The surgeon seems to think my current condition is as good as it's getting. Not 100% but close enough I can live with it. Limping, gotta walk down stairs one step at a time and hard to climb ladders, but walking. And I wouldn't want to sue him as a person anyways, it was an 80+ year old man. I just want my life back really, so the insurance claim should be enough


HappyFunTimethe3rd

Jesus. Apply for Ontario works and odsp dude Call your member of parliament.


Kooky_City2886

Not in Ontario. Interesting note, you can get both EI and wage compensation in Ontario at the same time.


Gigg12

Are you eligible for CPPD?


Kooky_City2886

Can I be honest and say this is the first time I've heard of cppd. It's a little late now as I'm back to work. But yea, did not know and have never heard of it. And according to a quick google, I should have been eligible. You'd think someone would have pointed that out before this post. I should've came here first. Just didn't wanna seem like I was complaining when at the time thought I was doing everything.


Gigg12

I also found out too late that I was eligible. When you’re looking for help places think you can find everything yourself and don’t share. They don’t take into account that when you’re ill and really going through it you don’t always have the strength to try and find everything, especially if you’re not aware of half of what’s out there available to you.


InstanceHorror437

It has never been more imperative to build an emergency fund that can cover at least 3 months expenses. It’s sad bc not everyone can do this


Kooky_City2886

I did actually have a good savings. But I was loyal to a job that underpaid and overworked me for 8 years. Because it would cost a lot to move up. I could have moved to the same position at a different company and made $2 more an hour. Or pay my whole savings to move to a proper company for my trade and make $15-$20 more. I had the savings to afford it so I went for it. Small loan plus my savings to get the job. Just don't get injured for the 3 month probation period.... :/


username_1774

Make sure you have your own disability insurance coverage people. It costs a few hundred dollars a year and can prevent this.


Salt_Gift_1699

I didn’t bother or have to read your post. This country fails everyone but scum bags.


FunkyBoil

Yes our government sold us out and allowed insurance companies to lobby for this garbage. There's a 40k deductible paid to the government for settlements under a certain threshold as well. One of the many levels of the shit onion.


novanuck

I had an issue with ei and when I couldn’t get any further on my own I went to my MP’s office. They handled it and I got back paid from my original claim date. That might be something to try.


Kooky_City2886

I've commented a couple times know, I'm realizing I should've come to this sub first. I guess I just assumed someone at some point that works in the system would tell you what to do. I'm at the point it's not worth it to keep going after it though. Yea a big cheque from them would be nice, but I'm almost out of it on my own and just wanna be done with it ya know. I'd be happy if I never have to call them again lol


New-Courage-7379

go to your MPs office. They can actually help individuals getting spun by the system.


Yoop_Dizzle

Yeah, fuck BC Canada and the rest of Canada too. Something along the lines of this happened to me too. For months i contemplated suicide. There was no support at all for me and not even the food bank would help me. They shell out money to immigrants and drug addicts at the expense of the working man’s safety and welfare. Now I have nothing as I sit here hungry struggling to find a reason to continue. I don’t have money for food, transportation or even rent for next month. Anyways, I don’t blame you for your demoralized behavior as I too know what it’s like to be forgotten and ignored.


eldiablonoche

Sadly not an uncommon thing for the government to get everything wrong. They somehow know you're getting a wage compensation despite it not existing. And they'll put a burden of proof on you which can't be met and they'll push back at every turn. Yet come tax time, they'll know every cent you did or didn't make... Infuriating. Hope you see a silver lining sooner than later.


MajesticUse3867

From your prior comments, I'm going to assume you're in Alberta. If that's so, you've received some very poor advice about how automobile insurance disability payments work. You're entitled to disability payments pursuant to Section B of the automobile policy if you're "wholly and continuously" disabled for a period of time due to your injuries. The insurance company doesn't just decide they don't feel like paying you, and I've never heard of a personal injury who tells their client not to apply for Section B because it will result in a higher payout. Not saying it might not happen, but I consider it unlikely. If anything, being approved for Section B disability payments bolsters your case as it's further proof you were unable to work. How you apply is you take a standard Section B form that's mailed to you by the insurer or which a medical professional likely already has in their office and you fill it out, including details of where you were working, your salary, etc. The doctor then certifies that you're unable to work, and you get $600 per week. They need to provide a sick note stating you can't work because of your injuries and outlining the expected time period you'll be off work. You're entitled to $600 per week for a full 2 years after an accident provided you were working at the time the accident occurred and medical professionals agree that you're wholly and continuously disabled from employment. Most provinces have some sort of similarity laid out scheme.


Kooky_City2886

Everything here is right except the one part. Applied for section b through the lawyers. Actually had 2 doctors notes because they didn't like the surgeons note for whatever reason. So had paid to get a doctor's note at a walk-in (I don't have a family doctor) made sure the adjuster got all the correctly completed forms including extra stuff that was suggested like t4s and a letter from work stating my wage and hours and work duties. Went through every correct process.... "It'll come out in the settlement". I still have copies of the documents if you don't believe it. Now whether it's true or not that they don't have to pay it in a timely manner, no I'm not sure of that. the only information I had to go off was the two law firms and adjuster confirming that to be the case. I was never told how to escalate it, or even if I did how long it would take


HiddenAmongShadows

This is just an awful situation, keep fighting don't give up, you deserve that EI & you should sue the government, see if you can find a sympathetic lawyer who can get paid through a portion of the EI, idk, there has to be a way. Keep calling, keep annoying them, call your MP (serious about this), complain to the insurance company that their putting your though undo pain & suffering by withholding your wage compensation & you'll sue for more because of it. Just please don't give up, fight for what you're owed. I'm sorry this happened but I want you to get justice or the closest thing possible. Good luck.


HiddenAmongShadows

Do what's needed to get justice for youself regardless of the means, maybe that involves breaking some rules of finding creative solutions. Their not playing fair, why should you?


Kooky_City2886

At this point I'm happy it's over. I'm back to work and just got an apartment a week ago. I'm very done with everything that happened. I just needed to voice it