Batirente

A. Income Replacement Benefit and Other Specific Benefits

The income replacement benefit amounts to 90% of net income calculated on the basis of gross annual income which cannot exceed $62,500. Net income is calculated by subtracting from the gross income an amount equivalent to the federal and provincial income taxes, employment insurance contributions, Quebec Parental Insurance Plan contributions and Quebec Pension Plan contributions. Since January 1, 1996, the recipient of an income replacement benefit from the Société de l’assurance automobile du Québec is no longer entitled to a disability pension from the Quebec Pension Plan. However, if the latter pension is greater, the additional portion is paid to the recipient.

The income replacement benefit is paid every two weeks to the accident victim or to his authorized representative for the duration of the disability, EXCEPT FOR THE FIRST SEVEN DAYS AFTER THE ACCIDENT.

Categories of Victims and Particulars of the Income Replacement Benefit

Other Special Benefits Subject to Certain Conditions Specified in the Act

1.   Victim Employed Full-time

a)   If the victim is employed as a wage earner, compensation is calculated on the gross income earned from his employment.

b)   If the victim is a self-employed worker, compensation is calculated on the gross income set by the SAAQ by regulation for a job in the same category, or on the gross income earned from his employment, if it is higher.

c)   If the victim has more than one job, compensation is calculated on the gross income earned from the job which he is no longer able to exercise, or, if applicable, from the jobs which he is no longer able to exercise.

If, as a result of this accident, the victim is also deprived of regular benefits or employment benefits with the object of helping the victim acquire, through a training program, job-related skills provided for in the Canada Employment Insurance Act (Laws of Canada, 1996, Chapter 23) to which he was entitled at the time of the accident, he is entitled to additional compensation based on the benefits or compensation that would have been paid to him.

Reimbursement of child care expenses (with supporting evidence);

Weekly Maximum:

•      $117 for 1 person

•      $154 for 2 persons

•      $195 for 3 persons

•      $232 for 4 persons or more.

2. Victim with Part-time or Temporary Employment

During the first 180 days:

a) If the victim is employed as a wage earner, compensation is calculated on the gross income earned from his employment.

b) If the victim is a self-employed worker, compensation is calculated on the gross income set by the SAAQ by regulation for a job in the same category, or on the gross income earned from his employment, if it is higher.

c) If the victim has more than one job, compensation is calculated on the gross income earned from the job which he is no longer able to exercise, or, if applicable, from the jobs which he is no longer able to exercise.

For accidents, as of January 1, 1992:

If, as a result of this accident, the victim is also deprived of regular benefits or employment benefits with the object of helping the victim acquire, through a training program, job-related skills provided for in the Canada Employment Insurance Act (Laws of Canada, 1996, Chapter 23) to which he was entitled at the time of the accident, he is entitled to additional compensation based on the benefits or compensation that would have been paid to him.

As of the 181st day after the accident:

Compensation is based on the assumed gross income from a job determined by the SAAQ.

For a victim with temporary employment:

Reimbursement of child care expenses (with supporting evidence);

Weekly Maximum:

•      $117 for 1 person

•      $154 for 2 persons

•      $195 for 3 persons

•      $232 for 4 persons or more.

For a victim with part-time employment
(less than 28 hours per week):

Reimbursement of child care expenses (without supporting evidence);

Weekly Amount:

•       $385 for 1 person

•       $433 for 2 persons

•       $477 for 3 persons

•       $525 for 4 persons or more.

Categories of Victims and Particulars

of the Income Replacement Benefit

Other Special Benefits Subject to Certain Conditions Specified in the Act

3.   Victim Unemployed and Able to Work

During the first 180 days:

The higher of the following two (2) compensations:

a)   Compensation based on the gross income earned from a job that the victim would have held had there been no accident.

b)   Compensation based on regular benefits or employment benefits with the object of helping the victim acquire, through a training program, job-related skills provided for in the Canada Employment Insurance Act (Laws of Canada, 1996, Chapter 23) that would be paid had there been no accident.

As of the 181st day after the accident:

Compensation is based on the assumed gross income from a job determined by the SAAQ.

Reimbursement of child care expenses (without supporting evidence);

Weekly Amount:

•      $385 for 1 person

•      $433 for 2 persons

•      $477 for 3 persons

•      $525 for 4 persons or more.

4.   Victim Age 16 or Over Attending a Secondary or Post Secondary Educational Institution Full Time

a)   If the victim is employed as a wage earner, compensation is calculated on the gross income earned from his employment.

b)   If the victim is a self-employed worker, compensation is calculated on the gross income set by the SAAQ by regulation for a job in the same category, or on the gross income earned from his employment, if it is higher.

c)   If the victim holds more than one job, compensation is calculated on gross income earned from the job which he is no longer able to exercise, or, where applicable, from the jobs, which he is no longer able to exercise.

If, as a result of this accident, the victim is also deprived of regular benefits or employment benefits with the object of helping the victim acquire, through a training program, job-related skills provided for in the Canada Employment Insurance Act (Laws of Canada, 1996, Chapter 23) to which he was entitled at the time of the accident, he is entitled to additional compensation based on the benefits or compensation that would have been paid to him.

If he is still unable to work after the scheduled date for the end of his current studies:

Compensation is based on the average salary earned by Quebec workers ($38,000 per year).

If the victim is unable to carry out or continue his current studies and if his studies are delayed, he is entitled to a lump benefit of:

 •   $8,471 for every school year missed at the high school level;

•   $8,471 for every session missed at the post secondary level, up to a total of $16,941 per year.

 Reimbursement of child care expenses (with supporting evidence);

Weekly maximum:

•    $117 for 1 person

•    $154 for 2 persons

•    $195 for 3 persons

•    $232 for 4 persons or more.

5.    Victim Under Age 16

a)    If the victim is employed as a wage earner, compensation is calculated on the gross income earned from his employment.

b)    If the victim is a self-employed worker, compensation is calculated on the gross income set by the SAAQ by regulation for a job in the same category, or on the gross income earned from his employment, if it is higher.

c)    If the victim holds more than one job, compensation is calculated on gross income earned from the job which he is no longer able to exercise, or, where applicable, from the jobs, which he is no longer able to exercise.

If, as a result of this accident, the victim is also deprived of regular benefits or employment benefits with the object of helping the victim acquire, through a training program, job-related skills provided for in the Canada Employment Insurance Act (Laws of Canada, 1996, Chapter 23) to which he was entitled at the time of the accident, he is entitled to additional compensation based on the benefits or compensation that would have been paid to him.

If he is still unable to work after the school year during which he reaches the age of 16:

Compensation is based on the average salary earned by Quebec workers ($38,000 per year).

If the victim is unable to carry out or continue his current studies and if his studies are delayed, he is entitled to a lump benefit of:

 •   $4,617 per year missed of primary school;

•   $8,471 per year missed of secondary school.        

6.    Victim Regularly Unable To Perform Any Kind Of Work

No income replacement benefit is paid, since the victim has not suffered any loss of income.

Such a victim, like victims of other categories, is entitled to the benefits indicated in the following table.

Note: Since January 1, 1992, benefits to compensate for the loss of employment insurance benefits can be paid for all categories of victims, as well as benefits to compensate for the loss of benefits with the object of helping the victim acquire job-related skills through a training program.

B. Benefits for all other Categories of Victims

1. Lump Sum Benefit for Inconveniences such as Loss of Amenities of Life, Psychological Suffering and Pain

Amount of the lump sum: maximum of $215,999.

2. Other Benefits

Compensation for reimbursement of certain incidental expenses incurred as the result of the accident (if not covered under any other form of social security plan)

Reimbursement of expenses approved by the SAAQ (with appropriate supporting evidence).

Compensation for reimbursement of personal home care assistance

This compensation can go as high as $771 per week if the physical or mental state of the victim requires the continual presence of an assistant.

Compensation for reimbursement of manpower replacement costs in a family business

Maximum reimbursement of $770 per week (with supporting evidence) during the first 180 days after the accident, for expenses that a victim who works without pay in a family business must incur to hire a replacement to carry out his duties.

Compensation for rehabilitation

Payment for goods and services to promote the victim’s return to a normal life and reintegration into society or the job market, as part of a rehabilitation plan approved by the SAAQ.

C. Death Benefits

1. Victim with Dependents

Surviving spouse

The benefit paid to the surviving spouse varies from $61,599 to $312,500, depending on the victim’s age and income.

Disabled surviving spouse

The benefit paid to the disabled surviving spouse of a deceased individual depends on the age and income of the victim.

Dependents

The benefit paid to the dependents of the deceased victim varies between $29,258 and $53,901, depending on the dependents’ age.

Dependent who is disabled at the time of the victim’s death

Additional benefit of $25,409.

Children and other dependents of the head of a single-parent family who dies 

In addition to their own benefits, they are entitled to the benefits that would have been paid to the surviving spouse, divided equally.

2. Person without Spouse or Dependents

$49,372 divided equally between the victim’s father and mother.

3. Funeral expenses

$4,617 to the victim’s estate.

Note: The benefit paid to the surviving spouse or dependents can, if requested by the beneficiary, be paid over a maximum period of 20 years.