If you have been injured in a car accident and are unable to work, ICBC may owe you partial reimbursement for your losses. ICBC has a duty to pay Temporary Total Disability (TTD) benefits to qualifying injured parties. Qualifications for TTD benefits include:
- Having been employed for 6 of the last 12 months. This does not mean consecutive employment, and you don’t actually have to have been employed at the time you were hurt;
- Qualifying as one of the categories of “insured” people. The definition of insured persons is a wide one and not only includes drivers of vehicles but can also include passengers, cyclists, and pedestrians; and
- Having been injured by a motor vehicle in Canada, the United States, or in a vessel travelling between the two countries.
The maximum payable under TTD benefits is $300/week. TTD benefits are not payable if you have another form of income or benefits that exceeds $375/week, and any amounts earned over $75/week will be deducted from the $300 weekly payments.
These payments are paid under what is commonly referred to as “no fault” benefits. What this means is that even if you are injured in a motor vehicle accident that you caused, you may still be entitled to these benefits.
Even if you qualify for TTD benefits, you still need to fulfill certain notice requirements such as providing “prompt” notice, providing a written report within 30 days, and providing a proof of claim within 90 days. As you can see, despite the fact the benefits are relatively widely available, the process to get them is quite onerous. This highlights the importance of knowing your rights and the expertise of a good personal injury lawyer.
