Injured in a car accident while working?
If you are involved in a car accident while working, it is important that you seek legal advice without delay and call the personal injury lawyers at Warnett Hallen LLP. In British Columbia there are several factors to consider if you have been injured in a car accident while on the company clock. Are you able to pursue and injury claim through ICBC or are you limited to WCB? If you are deemed a “worker” at the time of the accident, you cannot sue another “worker” under the Workers Compensation Act. However, if any driver involved in a car accident is not a “worker” you could elect to pursue an injury claim with ICBC.
Are you considered a worker?
This issue can be very complex and it is recommended that you call the personal injury lawyers at Warnett Hallen LLP for case specific legal advice immediately following a car accident. Our legal team will gather some information and guide you through the process. We consider some of the following circumstances:
- If you were injured in a car accident while working as an independent contractor, you may have the right to elect to pursue an injury claim through ICBC;
- If you were injured in a car accident during your normal work hours but on an unpaid break, you may have the right to elect to pursue an injury claim through ICBC; and
- If you were injured in a car accident while commuting to or from work but are not paid for travel, you may have the right to pursue an injury claim through ICBC.
Other driver considered a worker?
If you are injured in a car accident while working there are a few key indicators you can observe at the accident scene to assist your lawyer to determine if you have a right to pursue an injury claim through ICBC, these include:
- Was the other vehicle involved in the accident a “work” vehicle:
- marked company vehicle (logo or advertising on the side);
- dump-truck, tow-truck, semi-truck or a vehicle that is not usually used for pleasure; and
- vehicle transporting goods or building supplies.
- Did the driver of the other vehicle state they are working or that they are travelling for work purposes; and
- Was the driver of the other vehicle wearing a uniform or work related attire.
Why claim ICBC instead of WCB
This is a personal decision and one that should be assessed on a case by case basis with your lawyer. However, an ICBC claim can include a claim for pain and suffering or non-pecuniary damages. Generally speaking, a claim through WCB is limited to wage loss and medical expenses. If pursuing an injury claim with ICBC, the personal injury lawyers at Warnett Hallen can help to recover compensation for all losses associated with the car accident.
Time limitations and other considerations
If you have been injured in a car accident while working and you can elect to pursue a claim through ICBC, it is very important that you file a provisional claim with WCB to protect your claim in the event it is later determined that all drivers involved in the car accident were “workers.” There are strict time limits to file a claim to protect your ICBC or WCB claim. Reporting the accident to your employer immediately and consulting with a lawyer without delay is important to assess your options when deciding to pursue an injury claim through ICBC or WCB.
Vancouver Car Accident Lawyers
If you have been injured in a car accident because of a careless driver, the personal injury lawyers at Warnett Hallen LLP, rated by Georgia Straight readers as the “best lawyer to call when an accident strikes” are here to help. Contact the Vancouver car accident lawyers at Warnett Hallen. We can assess your situation, guide you through an injury claim and help you settle for more.
The car accident lawyers at Warnett Hallen never defend ICBC or the insurance companies. We represent injured claimants only.
Warnett Hallen LLP. Settle for more. Call today 604-737-3300.