If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income. This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits. If there is disability coverage through your employer, you may be eligible to receive short…
If an injured plaintiff returns to work after a motor vehicle accident and continues to work despite having injuries that will, at some point in the future, restrict or even prevent him/her from working entirely, is there a claim for loss of future earning capacity? The courts have held in many cases that the answer…
One type of claim available to a claimant injured in a motor vehicle accident is for past wage loss. Past wage loss refers to lost wages/earnings from the date of the motor vehicle accident until settlement or trial. To have a successful claim for past wage loss, an injured claimant must provide sufficient evidence. First,…
ICBC pays loss of income to a max of $300 per week for car accident injuries. After April 1, 2019 ICBC disability increases to $740.00 Max. ICBC deducts any wage loss benefits received from EI or a private disability plan. ICBC Disabilty Deducted The April 1, 2019 increase in ICBC disability benefits comes with a…
Disability benefits through a work insurance policy for short or long term disability may not be deductible from your client’s anticipated ICBC tort award under the insurance exception. Luis v. Marchiori,2015 BCSC 1 is good law on the matter and quotes Dionne v. Romanick, 2007 BCSC 436, at paras. 113-121 as follows: “[113] The question of whether…
The Honourable Mr. Justice Skolrood in Kweon v. Roy,2016 BCSC 2305 is the source of today’s article about evaluating loss of income in ICBC personal Injury claims. In Kweon the ICBC claimant was awarded $165,000 for Loss of future earning capacity and $175,000 for pain and suffering. The Court of Appeal in Ibbitson v. Cooper, 2012 BCCA 249…
The proper valuation of the loss of future income or earnings is critical to understanding how much an injury case is worth. When making a personal injury claim for future wage loss and loss of earning capacity in British Columbia the following legal principles are relevant: (a) General Duty to Compensate the Claimant To the extent possible,…
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)…
The Court of Appeal has done away with any legal basis for ICBC’s policy of denying disability benefits when total disability arises beyond the first 104 weeks of a car accident(Symons v. Insurance Corporation of British Columbia,2016 BCCA 207 ). Long term disability benefits for personal injury claims must now be paid for future periods of…
If you have lost income or vacation time due to a car accident injury, the Insurance Corporation of BC, ICBC, may be responsible for paying some or all of your net wage loss and vacation pay. The following is an outline and checklist for claiming loss of wages and an explanation of the claim for loss…