If you were involved in a car accident as a driver, passenger, or pedestrian and sustained injuries, you may be eligible to receive benefits. If you were not driving the car, you would be covered by the driver’s or vehicle owner’s insurance policy.
Different factors are assessed when evaluating the claim's value and the benefits available after an accident. To assist the insurers in determining your claim, you must complete and submit an OCF-3 to qualify for the help you’re entitled to. This will provide the insurers with full details about the injuries you sustained and the progression of the injury over time.
What you’re eligible for depends on the severity of your injuries, any financial costs you’ve incurred due to the injury, and whether your injuries have caused temporary or permanent disability. The OCF-3 form is also known as a Disability Certificate.
The OCF-3 process can be complex, so you may want to employ personal injury lawyers to help you with your claim and receive everything you’re due. For example, Grillo Law Personal Injury Lawyers in Scarborough have over 30 years of experience pursuing legal claims for individuals involved in auto accidents, resolving over 20,000 claims.
The OCF-3 Disability Certificate
The OCF-3 form is a document that forms the basis of your claim for benefits after being involved in a car accident. It shows the insurance company that you suffered a disability due to the accident and helps the insurance company determine whether you can claim ongoing accident benefits.
It’s essential to be as accurate and thorough on the form as possible. The more information included, the better your chances of receiving the support you need to help your recovery.
Once the form has been filed, the insurance provider can rely on information on the form throughout the process. You must complete some sections of the form, with your doctor or physician completing the remainder. Who this is depends on who oversees your treatment and care, so it can be a dentist, nurse, physio, occupational therapist, chiropractor, or any other healthcare professional involved in your rehabilitation.
Completing all sections of the OCF-3
Some benefits you can receive following a car accident that has left you unable to work include non-earner and income replacement benefits. Car insurance companies across Ontario use the information from the OCF-3 to determine how much you’re entitled to based on the information included.
To ensure you have the best opportunity to receive what you’re entitled to, you must complete the first three sections of the form. These include:
- Details of the accident
- Policyholder details
- Insurance provider’s details
The third part of the OCF-3 asks you for a description of the accident. The information provided here must be consistent with the details in the OCF-1 form for accident benefits. The insurer’s legal team will find any inconsistency and could jeopardize your claim.
Your health provider completes the remainder of the form. They must list every injury you sustained from the accident in Part 5 of the OCF-3. If you have injuries that require treatment from a specialist, such as a dentist or chiropractor, they can provide additional details on the specific injuries they are treating.
The insurer’s lawyers will review everything submitted on the form, so work with your healthcare provider to ensure every injury, including any potential brain injuries, is accounted for. Ensure any concussion received is included on the form, as any failure to mention it could lead to the insurer’s lawyers claiming that this injury was not present from the time of the accident.
If you sustained severe injuries, they should be listed under the higher non-catastrophic injuries category from the beginning to help you receive enhanced benefits. Often, specialist treatment will be provided in these cases, so it is worth asking your specialist to fill in this section to include full details of the injury, medication, any pre-existing conditions, and anything else relevant that may affect the claim.
Answer the weekly benefit questions carefully
Part 6 of the OCF-3 asks about your ability to work and whether the injuries led to a “complete inability to live a normal life.” Your answers to these questions will inform their obligation to pay weekly accident benefits to compensate for loss of earnings.
You will be asked how long you may be unable to work for. Be careful here; the insurer’s lawyers will highlight if you cannot work longer than initially stated in your Disability Certificate documents. Where appropriate, your healthcare provider should say “more than 12 weeks” when assessing your likely return to work on the basis that it's unclear how your injuries will progress and that further review will be required before any return to work.
In addition, your healthcare provider must answer questions on the state of your health on the day the form is being completed. If you’re fully incapacitated, your healthcare provider must state that you cannot lead an everyday life. This could qualify you for non-earner accident benefits, paid at $185 weekly.
Don’t miss the submission deadline
Completing the OCF-3 is time-critical. Make sure your insurance provider is alerted to the accident within seven days of it occurring. After this, you have 30 days to submit all paperwork related to your claim. Any benefits may be delayed or invalidated if these deadlines are not followed.
Your healthcare provider cannot complete their sections of the OCF-3 earlier than ten working days from the day of the initial application.
Understand the form before signing
Once all other sections of the OCF-3 have been completed, you must sign Part 4. This gives your consent to the insurance provider and medical experts to investigate. Do not sign the forms until your healthcare provider has completed their parts of the form and explained your diagnosis to you.
Print the forms, ensure all information is included, and check for any inconsistencies or inaccuracies that might cause problems during the assessment. At this stage, a lawyer can review the paperwork for you and ensure consistency between your initial accident description and the information contained within the OCF-3 before you submit the form.
Seek legal advice
Even if you were at fault for the accident under Ontario’s no-fault insurance laws, seeking legal advice can help you. Onboarding an experienced personal injury lawyer to help you complete your OCF-3 can pay off in the long run as they help you maximize the benefits you receive to compensate for your injuries.