Sources for income replacement if you have an ICBC claim
If you are in the hospital and missing work, then if possible, ask a family member or friend to tell your employer that you are in the hospital and aren’t sure when you will be able to return to work.
The following are steps (sources for income replacement) you can take if your doctor recommends that you not to go to work (or you are in the hospital and you have a family member or friend who can help you out):
1. Private insurance: short term and long term disability benefits
Find out if you have private benefits through your work, union, spouse, parent, or another source. You want to find out if you have short term and/or long term disability benefits. Short term and long term disability benefits pay you your lost wages (or a portion) fairly soon after your crash. If you do have private benefits, immediately submit an application. If your application is successful, you will receive wage loss benefits (money and likely some treatment) while you’re off work.
Your family doctor will likely have to complete some forms for you. If you don’t know whether you have these benefits, contact your employer’s human resources department, your supervisor, or your union for a claim form and a booklet explaining the application process. Short term and long term disability coverage will often pay you the most (compared to Employment Insurance, Canadian Pension Plan disability, BC Employment and Assistance, and ICBC wage loss) while you cannot work.
Every private wage loss benefits package is slightly different. However, generally you do not need to repay the benefits until you receive compensation for your injury claim.
The downside to applying for private wage loss benefits is that it may take several weeks, or in some cases, several months to find out if you will receive any wage loss payments. Most likely, waiting this long will strain you financially. So, no matter whether you applied for private wage loss benefits, you should simultaneously apply for Federal Employment Insurance (EI).
2. Employment Insurance (EI)
Employment Insurance is managed by the Canadian Federal Government. If you qualify, you will find out quickly. However, the downside is that you will not receive the amount of money you earned working and you do not receive benefits for your first 2 weeks off work. To apply for Employment Insurance, visit www1.servicecanada.gc.ca/en/ei/menu/eihome.shtml.
Keep in mind that if you receive compensation for your injuries from the wrongdoer (i.e. at-fault person(s)), then you will have to repay EI.
If you are denied EI, then ask for a letter from EI setting out the denial and the reason you were denied. Keep this letter.
3. ICBC: disability benefits for employed persons and homemakers
If you have no private insurance (or there is a delay in approval) and no EI (or are approved for EI but didn’t receive benefits for your first 2 weeks off work), then you can and should apply for temporary wage loss benefits from ICBC (also referred to as Part 7 Benefits).
To collect temporary wage loss benefits from ICBC, you will need to file an injury claim with ICBC. You will most likely need to fill out an ICBC benefits application form called a CL22. These immediate wage loss benefits are under your insurance coverage with ICBC known as Part 7 benefits.
If you are a homemaker and your injuries from your car crash prevent you from doing some, most or all of your work in the home, then ICBC may reimburse you for hiring someone to perform that work in your home.
The upside to applying to ICBC for wage loss benefits is that you should receive payment quickly. The downside is that ICBC wage loss benefits pays up to $300 per week. Also, you don’t receive benefits for your first week off work.
In order to apply to ICBC for wage loss, you will have to speak to an ICBC adjuster (an ICBC employee). That is okay. Just don’t sign any authorizations releasing your information and don’t make a statement. To make a claim, visit www.icbc.com.
If you don’t have a lawyer and you need money as soon as possible, your ICBC adjuster will need employment confirmation from your employer. ICBC has a form they can send to your employer. To speed up the process, you can take the form to your employer or have ICBC fax it to them. Be sure your employer fills it out immediately and gets it back to ICBC. Once ICBC receives confirmation of your wage, hours, and employment, you should receive payments shortly.
In some cases, ICBC will also require that your family doctor confirm that you cannot return to work. The sooner you visit your doctor for an “off work” note, the sooner ICBC will approve your temporary wage loss benefits.
ICBC will also want confirmation that you are not receiving EI. That is where your denial letter from EI will come in handy. Provide a copy to ICBC. Again, be sure you keep a copy for your file.
Please keep in mind that the temporary wage loss benefits is not necessarily the entire wage loss you’ll receive for you claim. Temporary wage loss benefits comprises income replacement before your ICBC injury claim resolves.
4. Sick days, vacation time, and/or employer benefits
Another option to getting income is using your sick days and/or vacation time. If you’ve exhausted other sources for income, or you prefer not to pursue other sources, then you can ask your employer about using sick days and/or vacation time.
Still yet another option is to ask your employer if they will keep paying you while you recover. Your employer may have a policy to pay your wages for a period of time while you can’t work.
5. Canada Pension Plan disability benefits
If you are 18 to 65 years of age and have paid into Canada Pension Plan (CPP), then you may qualify for a CPP disability pension plan. In order to apply you will need to fill out an application form. Your doctor will likely also have to complete a form. You can find CPP disability forms, contact information and further eligibility information online at www.hrsdc.gc.ca/eng/isp/cpp/disaben.shtml.
6. BC Employment and Assistance
If you applied for and were not approved for financial benefits from all of the above sources, then you can apply for assistance through BC Employment and Assistance (part of the BC Ministry of Housing and Social Development). You can find application, eligibility, and contact information online at www.eia.gov.bc.ca/bcea.htm.
7. Loans
If you can avoid taking out a loan, then do so. However, sometimes it’s your only option. Consider some of the following loan options:
- Take out a second mortgage, a line of credit, and/or personal loan from a bank. The advantage is you’ll probably get a better interest rate than the option under (ii) below. The downside is you have to make payments right away and so you’ll be using the borrowed funds to pay the loan. If the funds expire before your claim resolves, then the bank may foreclose on whatever security you gave.
- If you hire a lawyer, there are lending institutions who lend money to persons with injury claims. The advantage is you don’t have to make payments until your claim is resolved. Also, depending on the loan, if your settlement or award is not sufficient to pay back the loan, you don’t have to repay the balance owing out of your pocket. The downside is the interest rate is very high.
- Borrow from family and friends. An obvious option, but it can strain relationships. I recommend you and your lender each see your own lawyer. Of course this adds to the cost, but it’s better that everyone is clear about the terms of the loan.
What if I’m not given modified or light duties at work even though that’s what my doctor prescribed?
If your doctor says you should do modified or light duties at work, then be sure that is what you are doing. If not, talk to your supervisor. If your supervisor has no modified or light duties available, then return to and tell your doctor.
In this instance you are now medically unable to work and so you should explore your options for money set out at the beginning of this article.
Is there anything I can do to protect my claim if or when I return to work?
Yes. First, pay close attention to what you can and cannot do. If something hurts, don’t do it and document it. Second, keep your supervisor and your co-workers informed about how your injuries are affecting you on the job. They can support your claim for wage loss (remember you have to prove every harm and loss). They can also give good evidence about how your injuries affected you. Many people spend most of their time at work. That means you might see your co-workers more than you see your family and friends. Therefore, your co-workers are a very good source of evidence about how your injuries affect your life.
Document, Document, Document
Remember to document who your supervisors are and try to keep current contact information for them. Your claim can take several years to resolve and during that time your co-workers and supervisors may leave or you may get a different job.
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