Injured Need To Know Options Shared By Car Accident Lawyers

BY BECKER LAWYERS, THE TIMES NOVEMBER 24, 2011

An issue that often arises in our car accident law practice concerns people who have been injured in car accidents during the course of their employment.

There are a number of important points to keep in mind, including your options and rights through ICBC and WorkSafe.

Although you may be entitled to receive worker’s compensation if you were injured in a car accident that occurred in the course of your employment, you have the option to claim benefits through ICBC.

However, you can only make an ICBC claim if the driver of the other vehicle was not also driving in the course of their employment.

If both of you are workers at the time of the accident, then the WorkSafe legislation prevents you from taking court action against another worker.

In those circumstances, you must seek workers’ compensation.

Depending on the situation, there are advantages and disadvantages to both ICBC and WorkSafe claims.

If the accident was your fault, then ICBC may not be obligated to compensate you for any losses, other than no-fault benefits such as short-term treatment and temporary wage loss.

On the other hand, regardless of whether you were at fault for the accident, WorkSafe should compensate you for wage loss, rehabilitation and long-term disability that affects your capacity to work in the future.

Keep in mind, though, that WorkSafe does not pay for accident-related pain and suffering.

If, however, you were not at fault for the accident in the course of your employment, or only partially at fault, then you can make an ICBC claim rather than a WorkSafe claim.

The advantage of an ICBC claim is in your potential entitlement to an award for pain and suffering and loss of enjoyment of life – often the largest source of money that you receive for your injuries because the pain and suffering may persist long after you return to work.

The disadvantage of a WorkSafe claim, in these circumstances, is in your waiving any claim to no-fault benefits from ICBC.

These benefits can include payment for temporary wage losses and the immediate payment for rehabilitation expenses.

Report your accident to either ICBC or WorkSafe immediately, so you don’t miss important deadlines.

In addition, if there is any possibility that the accident occurred in the course of your employment, then you should file a claim with WorkSafe immediately.

Understand your options and your rights so that you receive the greatest award for all of your losses.

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