What is the “date of event”?
This date is when the event in question (the crime, for victims, or act of good citizenship, for rescuers) took place.
To determine if an application has been filed on time, other dates will also be considered—for example, the date on which the injury occurred or the date on which the victim/rescuer becomes aware of the connection between the injury and the incident.
Once these dates have been taken into account, if it is deemed that the application for benefits has been submitted late, the Direction de l’IVAC will ask the victim/rescuer for proof it could not be filed within the specified deadline.
Below is an example :
Marina was the victim of a crime on January 25, 1999. On June 10, 2002, she was put on leave from work. On January 15, 2016, when consulting her psychologist, Marina realized her psychological injuries and the incident of January 25, 1999 were connected.
She decided to submit an application for benefits to the Direction de l’IVAC on January 3, 2017. If her application is accepted, the date of the incident used will be the actual date of the crime—i.e., January 25, 1999. If Marina is deemed entitled to receive benefits for a temporary total disability (TTD), her compensation will be calculated as from June 10, 2002, as this was the first day of disability following the actual date of the incident.
In the case above, the important dates are as follows:
- Actual date of incident: January 25, 1999
- First day of disability following actual date of incident: June 10, 2002
- Date on which victim becomes aware of connection: January 15, 2016 (by way of illustration, the one-year deadline for filing an application for benefits with the Direction de l’IVAC begins on this day)
In September 2017, the Direction de l’IVAC established a new policy for establishing the date of the event to be used in calculating benefits.
When victims are entitled to compensation for a permanent disability, the actual date of the event will be taken into account in determining their base wage and occupational status.
When victims are entitled to TTD benefits, the first date of disability following the actual date of the incident will be taken into consideration in determining their occupational status and base wage. Compensation will be calculated accordingly.
What is meant by the “first date of disability”?
Occasionally, crime victims must take leave from work a number of times because of the injuries sustained. The first time the victim must take leave from work because of the crime therefore constitutes the first date of disability.