Time to Change the Rules for ICBC Disability Benefits?
Many of us rarely consider what personal-injury insurance benefits are available following a car accident in British Columbia. ICBC accident benefits are important to your well being after a car accident injury in Vancouver.
The Insurance Corporation of British Columbia (ICBC) offers total temporary-disability benefits, or “TTD benefits”. But ICBC often fails to provide transparent information about how much TTD benefits they entitle car accident victims, and they certainly can be stubborn in ensuring that the benefits are fair and reasonable with today’s economic realities.
TTD benefits are paid at a maximum of $300 weekly, far below the average cost of living in the Lower Mainland. Most of us could not afford to maintain our mortgage payments if we were injured, unable to work, and ICBC was the only available insurance. ICBC has not increased the weekly entitlement for TTD benefits in decades, although the cost of living has soared.
Injured people often remain in the workforce due to financial stress and an inherent drive to support their loved ones. Injuries can lead to exhaustion, an inability to work hard, additional sick time and emotional problems due to a sense of failure, chronic pain and fatigue. Injured people can fall into a “last hire/first fire” scenario and have less ability to access the job market.
Court Rulings on Time Limits for Claiming ICBC Disability Benefits
A recent court ruling may lay the groundwork to help you receive the injury benefits you deserve. Plaintiff lawyers can fight for TTD benefits if you have a car accident injury but attempted to remain in the workforce.
In Powell v. ICBC, an injured victim returned part-time to her position as a secretary and bookkeeper approximately one month after a car accident. After several years of pain associated with the injuries she sustained in the car accident, she was forced to quit her job. She applied for TTD benefits and was denied by ICBC because the application was submitted more than 104 weeks after the car accident.
Financial hardship forced the victim to sell her home and move in with her children. After considering the evidence, the judge concluded that ICBC owed the victim TTD benefits, despite the provincial Regulations which indicate that TTD benefits cannot be reinstated after 104 weeks.
Warnett Hallen LLP Will Help With Your Disability Benefits After a Car Accident in Vancouver
If you need help fighting for fair ICBC injury benefits, contact the experienced Vancouver personal-injury lawyers from Warnett Hallen LLP. We have the knowledge and the training about disability-benefit law in British Columbia to ensure you receive what you deserve for your injury.
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