If you have lost income or vacation time due to a car accident injury, the Insurance Corporation of BC, ICBC, may be responsible for paying some or all of your net wage loss and vacation pay. The following is an outline and checklist for claiming loss of wages and an explanation of the claim for loss of vacation pay.
DISABILITY BENEFITS FOR LOSS OF INCOME
ICBC Claim- ICBC is required to provide medical and disability benefits to any insured involved in a collision, regardless of fault. This coverage is often referred to as “No-Fault Benefits”. If you were employed or working 6 out of the 12 months before your accident you may be entitled to up to $300.00 per week in Total Temporary Disability Benefits. Here is a checklist to determine entitlement to ICBC loss of earnings disability benefits:
- INSURED BY REASON OF : a)owner of a vehicle; b)in household of owner of a vehicle; c)occupant of B.C. licence vehicle; d) vehicle driven by B.C. licensee; e) cyclist struck by B.C. licence vehicle; f) pedestrian struck by B.C. licence vehicle; g) injured by uninsured motorist; h) injured by hit and run motorist ; i) representative of deceased insured; j) holder of valid B.C
k)in household of holder of valid B.C
- ELIGIBILITY FOR ICBC DISABILITY BENEFITS: a) Is “employed person” including: i) employed or actively engaged in an occupation for wages or profit at
the time of the accident; ii) employed or actively engaged in an occupation for wages or profit for 6 of previous 12 months; or b) Is a “homemaker”, doing the majority of housekeeping without payment
CLAIM FOR LOSS OF VACATION PAY
This is part of a personal injury claim for damages based on the wrongful actions of the other driver(s). In the claim for loss of vacation pay you must prove the fault of the other driver was the cause of your injury. Include all of your net wage loss in this claim. The best lawyers will gather tax information, payroll records, other employment data, and if needed expert opinion to prove the income loss claim.
In this claim ICBC is the third party liability insurer for the at fault driver, if that driver is operating a BC vehicle. ICBC is not your insurance company for the purpose of this claim and are not obligated to pay income loss or loss of vacation in advance of a settlement or court judgment.
Depending on the circumstances injury claimant may be legally entitled to compensation for the sick days and vacation days lost as a result of the injuries suffered in a car accidents.(see: Bjarnson v. Parks, 2009 BCSC 48 at paras. 55-61).