How to decide what to elect when you have a claim where you can elect to proceed through WorksafeBC (formerly WCB) or ICBC

Serving Greater Vancouver and Nearby Areas of British Columbia

When a motor vehicle accident injury occurs while you are working and you are covered by WorksafeBC you have to make an election as to which way to proceed.  However, we would first note that if the driver who caused the accident was also working at the time you can only proceed with a claim through WorksafeBC.  On the other hand, if the driver who caused the accident was not working at the time, and you miss 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. What they have spent 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, choose your medical specialists and decide what kind of therapy is appropriate.  You do not get to choose your lawyer. WorkSafeBC will appoint one of its own lawyers who answers only to WorkSafeBC.  They have the right to settle the claim for whatever their lawyer decides is appropriate, even if you do not agree.