By: Chris MacDonald
In Ontario, the Family Law Act (FLA) grants certain rights to family members of an injured person, including the ability to claim compensation for expenses and losses arising from a loved one’s injuries. This is particularly relevant when a family member provides attendant care at home, dedicating time and resources to support the injured individual. Family caregivers may be entitled to compensation for their economic loss, even if they juggle part-time work or caregiving responsibilities.
Under Section 61 of the FLA, eligible family members—such as spouses, children, and parents—can seek damages for loss of care, guidance, and companionship, as well as reimbursement for reasonable expenses incurred. Attendant care provided by a family member typically involves tasks like bathing, feeding, and administering medication. Though insurers sometimes contest these claims, courts have recognized that family members often incur real costs—lost wages, additional childcare expenses, and even mental strain—when stepping into a caregiving role.
To successfully claim attendant care benefits, it’s crucial to document the caregiving tasks performed, any related expenses, and the time spent. Medical reports supporting the need for this level of care further strengthen the claim. A well-founded claim not only compensates family caregivers for out-of-pocket expenses but also acknowledges the caregiving burden they shoulder.
By understanding their rights under the FLA, family members can better protect their financial well-being and ensure that the injured party receives necessary care. If you’re providing care to a loved one who has been seriously injured, it’s prudent to consult with an experienced personal injury lawyer who can help you navigate documentation and fight for the attendant care benefits you deserve.
