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Insurance Coverage - Worker's Compensation Board
Many people in British Columbia are covered by Worker's Compensation. If you are a worker covered by Compensation or an employer of a company covered by Worker's Compensation, your rights to recover damages in a car accident will be affected if you are injured in the car accident in the course of your employment. The term "course of employment" may include driving during your work and in some cases driving to work. If there is any possibility that you were injured driving during the course of your employment, make sure you report to the Worker's Compensation Board.
There are three basic situations involving people covered by Worker's Compensation.
1. If you are a worker injured in a car accident in the course of your employment with another party who is not a worker, you have the right to choose (called an "election") whether you want to receive Worker's Compensation benefits or pursue an ICBC claim. There are advantages to both ways of resolving your claim, depending on your circumstances. For example, if you are injured in the accident and the accident is your fault, you could receive Worker's Compensation wage loss and rehabilitation benefits, and if you have any residual problems as a result of the accident you may be entitled to a disability pension. ICBC may not be obligated in these circumstances to compensate you at all.
On the other hand, if the car accident is not your fault, or only partially your fault, a claim can be made against ICBC for the damages you suffered as a result of pain and suffering, as well as any wage loss you suffered as a result. The advantage in this case of pursuing your claim against ICBC instead of Worker's Compensation in this case is that Worker's Compensation does not pay anything for pain and suffering. Keep in mind that in electing to pursue ICBC for damages as opposed to claiming Worker's Compensation benefits you waive your right to no-fault benefits from ICBC (see section 82 of the Regulation to the Insurance (Motor Vehicle) Act). Note that in the case you recover from ICBC less than you would have been entitled to from the Worker's Compensation Board, the Board will pay the remainder of the benefits, provided the settlement has the written approval of the Board.
2. If you are a worker or employer driving in the course of your employment and have a car accident with another worker or employer driving in the course of their employment (it does happen more than you would think), neither worker can institute a claim with ICBC because section 10 of the Worker's Compensation Act takes away your right to sue another worker or employer. In this case, both workers or employers are entitled only to Worker's Compensation benefits.
3. Lastly, there is one exception to the ban on bringing claims if the car accident involves two workers or employers while in the course of their employment. If one of the vehicles is owned by a person or company that is not an employer or worker covered by Worker's Compensation, you may still have the right to institute a claim with ICBC against the other worker or employer. This is an important exception and should be investigated before deciding you don't have an ICBC claim.
If there is some doubt as to whether you are a worker or employer, the Board can be requested to make a determination of your status. Elections are supposed to be made within 3 months of the injury; however, extensions are often granted.
The effect of Worker's Compensation on your claim can be confusing and depend on both the circumstances in which you and the other party were driving and who was the owner of the other vehicle. If you have some questions as to your status we suggest you consult a lawyer with experience in the area or the Worker's Compensation Board for additional information.
Motor Vehicle Act, Section 82 - Regulation to the Insurance
WCB website, Section 10 - Worker's Compensation Act |
