A: Your ICBC Accident Benefits policy gives ICBC a virtual “out” of paying you rehabilitation or disability benefits if you decide not to make a WorkSafeBC claim. If you do not make a WorkSafeBC claim, you have the right to make a claim for damages.

You may have a generous extended health plan and good short and long term disability plans through your employer, or you may be entitled to Employee Insurance sickness benefits. If so, you may be able to manage without ICBC’s assistance until you finally resolve your claim for damages.

Some injured people feel financially pressured to make a WorkSafeBC claim, even though they do not want to deal with WorkSafeBC. Be sure to speak to a lawyer before accepting any money or funding of treatment from WorkSafeBC. You can then decide if it is in your best interests 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 and the other driver was not a “worker” at the time of the collision, WorkSafeBC’s legal department may “stand in your shoes” to pursue a claim for damages against ICBC to recover what it paid you, and more. When WorkSafeBC resolves this claim, you may receive some money—after WorkSafeBC pays itself first. In this case, WorkSafeBC would have all the decision-making power in its claim against ICBC and you would have no right to reject an offer from ICBC that WorkSafeBC wants to accept. WorkSafeBC would decide how much to pay itself from the award, taking into consideration monies it may pay you for future compensation. It is, therefore, in your best interests to obtain legal advice before electing to pursue a WorkSafeBC claim.