1. If your injuries cause you to miss work, force you to use vacation or sick days, or otherwise reduce your ability to earn an income, you are entitled to the net amount of your wage loss.
Despite what ICBC may tell you, even if you receive disability pay through Employment Insurance, an employer program or another insurance company, such benefits generally do not affect your ability to pursue a wage loss claim.
Wage loss is often determined by comparing previous tax returns with those filed after the accident. However, many clients, be they contractors, artists or waitresses, have an element of undeclared income. In these cases, the law is clear that so long as you can prove the wage loss through another means, you are still entitled to compensation.
2. Just because your claim has been resolved, doesn’t mean your injuries resolve with it. Lawyers work with a wide range of medical professionals, whether they be neurologists, physiatrists, orthopaedic surgeons or kinesiologists, to assist with your long-term prognosis. They also work with occupational therapists who specialize in projecting your future medical and rehabilitative needs, from ongoing physiotherapy and medications, to gardeners and homemakers to assist you around the house.
The result is a broader claim for compensation that considers future expenses long after the accident took place.
3. Out of Pocket expenses such as physiotherapy and chiropractor fees, CT and MRI scans, prescription medications, hiring a housekeeper, or mileage costs for attending therapeutic appointments. can be recovered so long as they are “reasonably necessary” and would not have been incurred in any event. ICBC will commonly exploit these preconditions in an effort to deny or limit reimbursement. For instance, ICBC may claim that any physiotherapy sessions occurring after a certain date are not compensable because the victim should have made a full recovery by that time.
4. Alternatively, ICBC may point to a prior injury or pre-existing condition and argue that a claimant’s expenses are not recoverable because they were meant to address medical issues that were not caused by the accident.
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