October 26, 2007
British Columbia Auto Accident Attorneys
Ms. Jane Smith
Dear Ms. Smith,
Re: Accident Claim – October 23, 2007
Thank you for consulting us about your claim. We understand that your motor vehicle accident injury occurred while you were working. If the driver who caused the accident was working at the time you can only proceed with a claim through Worksafe BC (formerly WCB). On the other hand, if the driver who caused the accident was not working at the time, and you are off work as a result of the injuries caused by the accident, you can elect to claim through Worksafe BC or through ICBC. If you claim through Worksafe BC you will normally end up with greater compensation than if you hire a lawyer and go through ICBC. That’s because Worksafe BC will charge you an administration fee based on a percentage of the amount that they have expended on the case, ie. for disability benefits and medical treatment. The fee is NOT a percentage of the entire recovery. You will receive the remainder of the settlement or judgement. The downside of this route involves control over the claim. Where you elect to claim through Worksafe BC, they control your medical treatment, choosing specialists and deciding what kind of therapy is appropriate. Also they have the right to settle the claim for whatever their lawyer decides is appropriate, even if you do not agree.
Please keep in mind our advice to you concerning the limitation period within which you must commence legal action in order to prevent expiry of your claim. The limitation period for personal injury claims in B.C. is normally 2 years.
STEPHENS & HOLMAN
Simon J. Holman