What To Do When You Are Injured While You Already Receive ODSP Support

Being involved in an accident is always scary and the aftermath is always frustrating, but when you have already been signed up to receive support from the ODSP, things can be even more overwhelming.


The Ontario Disability Support Program has been created to provide Ontario’s disabled residents with steady income and employment support. In order to qualify for this program, you will need to not just be medically eligible, but also be capable of meeting the set financial threshold.

Hiring A Lawyer

While looking for a personal injury lawyer in Sault Ste. Marie to take on your case, you will need to ensure that the one you ultimately higher works on the basis of a contingency fee. This means that they will not receive payment until your claim has been successfully settled, in which case they receive a previously agreed upon percentage of the settlement. The vast majority of Ontario lawyers work on contingency basis since only very few would otherwise be able to afford a lawyer when it comes to personal injury cases. That is why it is important to hire an experienced lawyer that has dealt with similar cases in the past. You might want to check their credentials and see if they have a successful track record.

Influence of ODSP On Your Personal Injury Case

Once you have chosen to file a lawsuit, you will be legally required to inform your caseworker of your decision. Depending on the nature of your case, and the ultimate settlement amount, the ODSP may be able to receive a portion of your compensation, regardless of whether your case is settled in court or pre-trial. Your entitlement to ODSP support will remain ongoing as long as your compensation remains under $100,000 and was awarded for either:

• Pain and suffering for a sustained injury, or for the loss of a benefit unit member
• Financial expenses resulting from a sustained injury or the loss of a benefit unit member

A settlement higher than $100,000 will need to be Director of ODSP approved, however, that approval is generally only granted when the surplus is utilized for either expenses related to your disability, or for future treatments. Even if approval is gained, you will also need to take care of an annual report.

If your won claim ends with you obtaining compensation for income loss, then you will need to repay to the ODSP whichever amount they paid to you for lost wages throughout the period you were now compensated for. This is a requirement even if your settlement was lower than the aforementioned $100,000. It is good to consult with a lawyer before you file the claim.