There are 2 types of payments ICBC is required make for lost wages: One for Temporary Total Disability Benefits (TTD); and the other for your actual wage-loss. Disability payment are made when, (a) a claimant is insured; (b) has proof of inability to work for more than 7 days in the first 21 days; and (c) has no other insured to cover the loss.
Income loss claims to have a sick bank replenished are generally successful if under the terms of the sick plan there is no maximum limit on the number of days that can be accumulated, and there is no ability to cash out sick days.
If you have missed time from work, an ICBC injury settlement should always include consideration for income loss, and paid TTD must be deducted from any award against the at fault driver. Usually claimants are only entitled to “net wage loss” under the current regulations that offer special treatment to ICBC.
Tax however does not have to be deducted from any claims for loss of sick time or use of a sick bank. In Bjarnson v. Parks, 2009 BCSC 48, the claimant was an elementary school teacher who suffered an injury in a car accident. The injuries required her to miss work, and she received continuation of her wages by drawing on sick leave benefits. “Justice Ballance awarded damages to compensate the plaintiff for the lost “sick days” and to “replenish” her “sick leave bank”: at para. 62. Justice Ballance also determined that “this kind of loss is not in the character of past wage loss”, and accordingly did not order any deduction for income tax pursuant to the Insurance (Vehicle) Act. “(see Reynolds v. M. Sanghera & Sons Trucking Ltd 2015 BCCA 232 at para 72)
ICBC claimants, in these circumstances, are entitled to compensation for the sick days and vacation days used as a result of the injuries suffered in a car accident which could have been used for some other purpose.
Learn more about ICBC disability benefits for time off work:
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.