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ICBC & other disability benefits.
- I was doing my job at the time of the collision and am entitled to apply for WorkSafeBC benefits. The other driver was not working at the time of the collision. Am I entitled to receive ICBC disability benefits if I decide to not make a WorkSafeBC claim?
- Your ICBC Accident Benefits policy gives ICBC virtually a complete right to not pay you disability benefits if you decide to not pursue a WorkSafeBC claim.
However you may have a good disability plan through work or you may be entitled to EI sickness benefits and not have to rely upon ICBC disability benefits.
Some injured people feel financially pressured to choose to make a WorkSafeBC claim even though they would prefer to not deal with WorkSafeBC. You should talk to a lawyer before you accept any money or funding of treatment from WorkSafeBC. You can then make a reasoned decision whether it is in your best interest to continue with your WorkSafeBC claim or to pursue a claim for damages against ICBC, the third party liability insurer for the at fault driver.
If you elect to pursue a WorkSafeBC claim when the other driver was not a "worker" at the time of the collision WorkSafeBC's legal department may claim damages from ICBC. When it resolves its claim against ICBC you may receive some money after WorkSafeBC first pays itself. One problem is that WorkSafeBC has all the decision making power in its claim against ICBC. You have no right to reject an offer from ICBC that WorkSafeBC wants to accept. WorkSafeBC decides how much to pay itself from the award including paying itself for future compensation it may pay you. You do not necessarily receive any of the money WorkSafeBC receives for your pain and suffering or your future lost earning capacity. Therefore you should definitely obtain legal advice before you decide whether pursue a WorkSafeBC claim or an ICBC claim.