What you need to know:

If you were at work at the time the collision occurred - WorkSafeBC.

  • I was working at the time of my collision. ICBC claims that the driver who was at fault was also working at the time and that I therefore have no claim against ICBC. Is ICBC right?
  • If the other driver was not a "worker" as defined by the Workers Compensation Act, you have may have to decide whether to make a WorkSafeBC claim or to claim damages against ICBC; however, ICBC may refuse to pay you disability benefits or fund your rehabilitation on the basis that you were a "worker. " (See the other question in this section on this issue. )

    If both you and the other driver are found to be "workers," then you are not entitled to claim damages against ICBC. Your claim is against WorkSafeBC.

    The Workers' Compensation Appeal Tribunal has exclusive jurisdiction to decide whether a person was, at the time of a motor vehicle collision, a worker and covered by WorkSafeBC. Our courts have no power to decide this issue.

    You should definitely obtain legal advice as to the likelihood of the tribunal finding the other driver to be a "worker" at the time of the collision.

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