Following your involvement in a motor vehicle collision that left you injured, you may hold the right to file a claim in order to obtain compensation for your damages. Depending on the unique circumstances of the accident, you could either file a Personal Injury Lawyer Kamloops lawsuit with the ICBC, or a worker’s compensation claim if the collision occurred during working hours.
ICBC Claim vs Worker’s Compensation Claim
Which of these two options is best befitting of your situation can be tough, especially if you have not yet obtained legal counsel for your case. You should absolutely not make this call without a lawyer since the filing of a worker’s compensation claim can potentially take away your option of filing a claim with the ICBC further down the line.
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How To Build Your Case?
In order to have a viable case on your hands to begin with, you will first need to prove that the injuries you sustained where the result of somebody else’s neglectful behavior or actions. If this can be proven, you may be able to obtain compensation from them by filing a claim through the ICBC. If successful, this could lead to you being compensated for not just your medical expenses, but also your lost wages, and the general decrease in your overall life quality.
Exceptions To The Rule
While the above stated is generally applicable to most situation, there are, of course, exceptions. As stated in the Workers Compensation Act, the injured party is not allowed to file a claim against the at-fault party if the accident occurred while both parties were on the clock. So if the accident took place during working hours for both sides, any claims will need to be filed through WorkSafeBC instead of the ICBC.
Why An ICBC Claim Is Generally Preferable
Under regular circumstances, you should always strive to file your claim through the ICBC since this will significantly heighten your chances of receiving full compensation for your pain and suffering, as well as all the expenses that came with your treatments and rehabilitation. Additionally, you will also be more likely to be fairly compensated for future lost wages and general future losses. The same cannot be said for a worker’s compensation claim.
Unfortunately, the ICBC is aware of this, and also aware that citizens are aware of this, which means that they will do their absolute best to convince you that both you and the other involved party were on the clock. ICBC Lawyers in Maple Ridge can help you with the claim process. All that you need to do is find an experienced lawyer that has handled such cases in the past.