Criminal Compensation Lawyer

There are two types of compensation to which you may be entitled as a victim of crime: temporary total incapacity compensation (TTI) and permanent incapacity compensation (NP).

Compensation for temporary total incapacity at the IVAC

When you are unable to work as a result of a criminal act that has caused you bodily or psychological harm, you are entitled to the payment of temporary total incapacity benefits from the IVAC. Medical evidence must be presented to be eligible for these benefits.

It is common for the IVAC not to recognize the causal link between your physical sequelae and the event in question. It also happens that she refuses to recognize the new sequelae that are related to the initial event.

There are many factors to look at to demonstrate the causal link between an injury and an event: documentation, history, time to onset, and much more. A file must be looked at from all aspects to maximize the chances of being able to make your point of view.

When new symptoms appear after the event or when you already had frailty before, the proof normally belongs to the applicant and this proof can be difficult to make. It is essential in this case to take a lawyer and continue to have a regular follow-up with your doctor so that the situation remains documented.

The IVAC may, in some cases, have you undergo one or more medical examinations to assess whether you are fit to return to work and may stop paying you your benefits. For more information, we refer you to our section on the importance of expertise.

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Amount awarded for temporary total incapacity allowance

The calculation to determine gross income is different depending on your status at the time of the event.

For example, if you were in a full-time job at the time you were assaulted, you will be entitled to 90% of your net salary up to the maximum amount set out in the Act. The maximum insurable amount is updated annually. In 2017, the maximum insurable amount was $72,500, or $1390.49 per week.

It should be noted that any benefits you have lost must also be compensated; for example, bonuses or tips, as well as housing and automobile costs. Indeed, the IVAC must take into account any benefit that can be accounted for in determining income. Otherwise, you must contest the amount awarded for your temporary total incapacity benefit.

Even if you were unemployed at the time of the event, you may still be entitled to compensation for total temporary incapacity. Indeed, a person who becomes unfit to go about his activities of daily living (ADL) following an assault will be entitled to IVAC compensation. This allowance will correspond to 90% of the net income at the minimum wage.

It is wrong to believe that the amount paid for a victim who is unemployed cannot be disputed. For example, we may challenge the amount awarded by proving that, despite your unemployment status at the time of the event, your income expectancy was more than the minimum wage.

If you were self-employed when you were assaulted, the IVAC will often determine your jobless status. This will have a big impact on your IVAC file, as it means that to be eligible for temporary total incapacity compensation, you must no longer be able to go about your activities of daily living. Don’t accept decisions without a fight.

Compensation for permanent incapacity at the IVAC

The permanent incapacity allowance is provided at the end of the payment of the temporary total incapacity allowance (ITT) and is paid on a monthly basis.

The assessment for this allowance takes place when there is a stabilization or stagnation of your state of health. Stabilization does not equate to the healing of wounds, but rather corresponds to the consolidation of them.

The consolidation of your state of health leads to the analysis of a deficit, called the anatomo-physiological deficit. This deficit corresponds to the permanent sequelae that remain due to your bodily or psychological injuries in connection with the crime you suffered as a victim of crime.

The IVAC also analyses your suitability or incapacity to returnto work to assess your entitlement to permanent disability benefit, using an assessment by a rehabilitation counsellor.