What you need to know:

Past loss of income.

  • I was forced to collect EI sickness benefits and then social assistance when I was unable to return to work after my collision Is ICBC entitled by law to deduct these benefits from my loss of income claim?
  • The law does not allow ICBC to deduct the amount you received in EI sickness benefits from your claim for loss of income. That is because you paid part of your EI premiums.

    The Supreme Court of Canada recently changed the law regarding welfare payments. ICBC is now entitled to deduct these payments from your loss of income claim.

    If EI insisted you sign an agreement to repay the sickness benefits you receive out of your settlement or court award you should seek legal advice as to whether or not you have to repay EI and, if so, how much.

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