Introduction to "NO FAULT BENEFITS" from Insurance Corp. of BC

Part II of article on "Making your ICBC Claim for Personal Injuries Suffered from a Motor Vehicle Accident in BC" by personal injury and trial lawyer

 | What are No Fault Benefits?  | Medical treatment costs  | Entitlement  | Appealing End of Benefits

WHAT ARE NO FAULT BENEFITS?

No Fault Benefits are amounts paid to ICBC for medical treatment and a portion of your wage loss.

Medical treatment costs that are covered include

• chiropractic treatment,
• massage therapy,
• physiotherapy,
• active rehabilitation programs,
• medications,
• occupational therapy,
• homecare,
• and vocational training if necessary.

ICBC makes determinations based upon your injuries of what expenses they will cover and for how long they will cover them. Once ICBC determines that a particular treatment is no longer helping you to recover from your injuries, they will stop paying for the treatment.

User fees are not covered as a No Fault Benefit.

Wage loss is paid by ICBC as a No Fault Benefit up to a limit of either $300 per week or 75 of your gross weekly earnings in the 12 months prior to the accident, whichever is less.  You are obligated to obtain whatever other sources of income replacement are available to you, such as Unemployment Insurance.  ICBC pays the difference between the amount that you are entitled to from them and the amount that you are being paid by the other source as a No Fault Benefit.  ICBC will pay this portion of wage loss until it is determined that you should return to work. Once a determination is made by ICBC that you should return to work. they will stop paying this wage loss supplement regardless of whether you return to work.

WHO IS ENTITLED TO NO FAULT BENEFITS?

Everyone who is injured in an accident involving a motor vehicle accident is entitled to No Fault Benefits. It does not matter whether you are at fault for the accident and everyone is entitled to the same benefits regardless of whose fault the accident is.

WHAT CAN YOU DO IF ICBC STOPS PAYING NO FAULT BENEFITS?

ICBC will often stop paying No Fault Benefits prior to you feeling that you are ready to stop your treatment or return to work. ICBC may stop paying for your treatment and wage loss prior to your Doctors and therapists advising you to return to work or to stop treatment. If this occurs, you may appeal the decision within ICBC.  If you have a lawyer, they will likely start a Court action to enforce payment of the benefits. A Judge will order payment of treatment expenses and wage loss as long as the treatment is reasonable and the time off work and treatment are recommended by your primary care giver.

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Rose Keith, Barrister & Solicitor author of the above article is a content contributor to CanadaLegal.info. 

Her practice in Vancouver focuses primarily on the areas of Personal Injury Law and BC Employment / Contract Disputes where she represents both employees and employers.
A detailed profile of Rose is available on this site click here

A detailed street map to her offices in downtown Vancouver showing her location and its proximity to the Provincial and Supreme Court buildings is available click here

See also her web site at www.rosekeith.bc.ca

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