What you need to know:

Payment by ICBC for treatment.

  • I was working 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 rehabilitation benefits if I decide not to make a WorkSafeBC claim?
  • Your ICBC Accident Benefits policy gives ICBC virtually a complete "out" of paying you rehabilitation benefits if you decide to not pursue a WorkSafeBC claim.

    However you may have a generous extended health plan through work you can rely upon instead.

    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 driver at fault.

    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 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.

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ICBC disability benefits versus other disability benefits I Payment by ICBC for part of the cost of your treatment I Financial assistance with your household chores

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