From my own experience as a personal injury lawyer in British Columbia since 1995 I say the most excellent safeguard we have in this Province for people living in poverty is our social assistance programs. After a car accident, the Insurance Corporation of British Columbia, ICBC, may have some obligations to pay accident benefits but that may not be enough the sustain a person’s most basic needs. There were significant changes on October 1, 2012 to the income and persons with disabilities progams which will affect ICBC injury claims. First rate information for personal injury lawyers can be found at the BC Government website.
Most people who require welfare after a car accident require it because they are unable to work and lack the income to meet their basic needs. Social assistance is therefore said replace income and is no less “wage replacement”, simply because it only replaces a portion of the income a person might otherwise have had. Take a look at my article on the deductibility of welfare payments from car accident awards.
Even the most excellent personal injury lawyer in BC will be unable to avoid the application of Judge McLachlin’s Supreme Court of Canada decision the effect of which most income assistance benefits are deductible from the ICBC claims against the at fault driver for loss of income. However, if the claimant is suing an ICBC insured, tax exemptions and credits may help increase net wage loss claims by reducing the overall tax rate for these claimants.
The key changes that personal injury lawyers and injury claimants may want to consider include:
People expected to work:
Introducing a $200 per month earnings exemption for all people.
Reducing the wait period for earnings exemptions from three months to one month.
Increasing asset limits to $2,000 for individuals and $4,000 for couples and families.
increasing the vehicle exemption amount to $10,000.
Removing time limits (previously 24 months in a five-year period).
Persons with Disabilities (PWD):
Exempting income tax refunds for families on disability assistance.
Increasing asset limits to $5,000 for individuals and $10,000 for couples and families.
Increases to the non-discretionary trust exemption limit to $200,000,
Increasing the trust disbursement exemption to $8,000 for promoting independence.
Increasing earning exemptions to $800 for individuals receiving disability assistance and $1,600 for couples who are both designated as a Person with Disabilities.
Reducing the wait period for earnings exemptions from three months to one month, and eliminating the wait period for PWDs returning to assistance
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.
3 responses to ICBC Personal Injury Claim Awards and Social Assistance Benefits
May 13, 2020 2:32am
Maybe you can but I doubt it
Claimant Without Lawyer Has Welfare Deducted | Holness Law Group
April 10, 2017 7:32am
[…] of wage loss replacement and deductible from any award to be made;(click here to learn more about deducting welfare benefits from ICBC claims ). Therefore, the $10,300 awarded for wage loss was subject to a deduction of the government […]
personal injury lawyer vancouver
December 15, 2012 2:11am
Informative post. If any person injured by car accident and unable to recover your compensate then don't worry. The experienced personal injury lawyers are present who provides your basic needs and help to obtain fair compensate.
"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.