How supportive is Ontario’s Disability Support Program? That question re-states in a different way the question in the title. The re-stated question helps to clarify ODSP’s meaning (Ontario Disability Support Program).
Obligation of someone on ODSP that gets injured.
That man or woman has an added person to call. In addition to calling their insurance company, such injured individuals are supposed to report the accident to their case worker.
Reason that such a report should be made:
It is obvious that anyone injured in a motor vehicle accident will have expenses to pay. According to the provisions in ODSP, a case worker must arrange for the payment of $100,000 to the injured victim. That would be the minimum payment. The payment’s size could be increased, at the discretion of someone in an official capacity within ODSP.
Does the same injured victim have a right to file a personal injury lawsuit against the responsible party?
Yes, that injured victim does have the right to file such a lawsuit. Later, if he or she wins an award and receives money as compensation, a portion of that settlement money should be paid to ODSP, as reimbursement for payment of the accident-related expenses.
Would the person reimbursing ODSP have any reason for hiring a lawyer?
That action might become necessary, if the injured victim wanted to obtain damages for pain and suffering. Money for pain and suffering could be sought during an out-of-court settlement or during a trial. Yet it would be a lawyer’s responsibility to argue for the awarding of that same monetary award.
A personal injury lawyer in Oakville would need to show that the victim had indeed endured a measurable amount of pain and suffering. Obviously, that pain and suffering had to be caused by the accident-related injury. Moreover, that injury had to be caused by the negligent behavior of the responsible party.
Once a lawyer’s argument has established the victim’s right to ask for that particular damage award, it should not be denied. The rights of someone that answers to one of ODSP’s case workers should be no different than the rights of an average citizen. An attorney would stand on firm ground, if asked to fight for such rights.
Such a case would force an attorney to handle a bit more extra paperwork. Still, that should not alter the nature of the fee asked by a personal injury lawyer. After all, the advertisements for all personal injury lawyers always feature the promise of a contingency fee. That means no added fee, for any extra amount of paperwork.
In fact, ODSP’s own lawyers could be made available to those victims that needed their assistance. Such assistance would come in addition to the requested award.