Car accident injuries can occur when starting a new phase of school or work. Getting back after a vacation or time off can make it difficult to heal as recommended by a doctor or treating healthcare provider. How to return to school with an ICBC injury claim and three important principles to understand when injured in a car accident and returning to work:
- Mitigation– Even though the car accident may not be the claimant’s fault, a claimant does not need the best personal injury lawyer to advise that there is a legal obligation to take reasonable steps to get better. This could mean following the advice of a doctor to take time off work and school to promote healing of wounds. Read more about failure to mitigate.
- ICBC Accident Benefits– Generally an injury claimant has 30 days to provide ICBC with a written report and 90 days to complete an accident application form. These accident benefits act as secondary coverage to any benefits claimant’s have thru school, work or government benefits. Entitlement to employment insurance, EI, or short term disability at work allows ICBC to avoid paying some or all of the disability benefits. It can also be hard to force ICBC to pay for physiotherapy or other treatments if these treatments are already covered by a work or government plan.
- School and Ability to Work– Claimant’s need to be realistic as the insurance company will rely on stated abilities. If statements are made to ICBC that the claimant is better when really they are not, this may be used against the claimant if the injury does not improve. These are referred to as prior inconsistent statements. It’s best to try to obtain a written medical note for time off work and school if this is being recommended. The note should include any diagnosis related to the car accident and the duration of time off required.
If the personal injury is expected to last more than 3 to 12 weeks speak to a legal advocate with experience in ICBC injury claims. Most lawyers will agree to speak with claimants for free, as an initial consultation. The facts of each individual case determines the outcome, so past results of a lawyer are not indicative of future results.
Best to make some quality time and speak to a lawyer with the changing nature of ICBC injury claim regulation and the introduction of ICBC injury caps in 2019.