What To Do When You Were Involved In A Car Collision During Working Hours
Following a motor vehicle collision which left you injured, you may be able to obtain compensation for your losses, regardless of whether you were involved as a driver, a passenger, a bicyclist, or a pedestrian.
In order to obtain said compensation, you may be able to file either a worker's compensation claim, or a personal injury lawsuit via the ICBC. Deciding between the two can be rather difficult, especially when you are not familiar with the legal complexities surrounding such matters. Major consequences can result if you make the wrong decision, however, since filing a worker's compensation claim can potentially block you from filing a claim through the ICBC later on.
Knowing When To File A Claim
Generally speaking, you will have the best chances of building a successful personal injury case, if the accident you were involved in was the result of another party's negligence or recklessness, since that will give you the right to file an ICBC claim against the liable party. Included in the compensation for this claim can be coverage for the decrease in your quality of life, lost wages, and medical expenses, among other things, which were negatively impacted by the accident.
The Workers Compensation Act lays out several exceptions to that general rule. According to the WCA, the filing of a claim is prohibited in regards to accidents where the other involved party was also on the clock at work. If this happens, you will have to file your claim via the WorkSafeBC since all other paths are blocked by a statutory bar. You will need to consider the services of a personal injury lawyer to assist you through the claim procedure.
Why an ICBC Claim Is Generally Preferable?
More often than not, you will want to proceed with an ICBC claim instead of a worker's compensation claim. This is because worker's compensation claims will not provide you with full compensation for your pain and suffering, already paid for medical expenses, lost wages, future income losses, and future expenses. And that is where a Car Accident Lawyer in Chilliwack steps in.They would be able to help you understand the whole process and help you get the right representation.
The ICBC is, of course, aware of this and will thus do their best to push you in the direction of WorkSafeBC, regardless of whether you and the other party really were both workers or not. Because of this, when the insurance utters such a claim, you should never take their word for it. Only WorkSafeBC will be able to determine the true circumstances based on the facts.