Changes coming to ICBC injury payouts
Posted November 10, 2018 2:52 pm.
Last Updated November 10, 2018 9:17 pm.
This article is more than 5 years old.
VANCOUVER (NEWS 1130) – The provincial government has released details on how ICBC payouts for injuries will change next year. The province is taking the measures in the hopes they will bring the Crown corporation back to financial stability.
Mild concussions will now be considered minor injuries, and pain and suffering benefits for non-pecuniary (unquantifiable) loss associated with minor injuries will be limited to $5,500. Treatment and benefits related to the recovery of the injury are not included in the new limit.
Kyla Lee is a lawyer with Acumen Law Corporation, which deals with personal injury claims.
While ICBC will increase the benefits stemming from pain and suffering if the effects of the mild concussion continue after four months, and if the effects of other injuries continue beyond 12 months, Lee says people feel pressured to accept ICBC’s payout before they know how badly injured they are.
“Concussions are mild traumatic brain injuries. They leave people with lasting effects for years – that sometimes you don’t even know about for years.”
She says the minor injury amount itself is inadequate.
“That’s a very small amount of money when you consider how significant certain injuries can be on certain individuals, whether it impacts your ability to work or to do household tasks, ” she says.
“I think a lot of people who have been in pain before as a result of a car accident, are thinking “What I went through at the time is worth way more than $5,500. It was really difficult for me.'”
She feels the province’s attempts to reduce litigation unfairly places the blame on lawyers for ICBC’s financial woes.
“ICBC is not taking enough responsibility for its role for the increasing costs of claims, litigating issues when they don’t need to be litigated.”
Other changes affect the fees and treatments, such as acupuncture and counselling, that will be covered.
Accident benefits such as wage loss will increase.
Registered care advisors will be a new approved resource for physicians.
The province is hoping reduced legal costs, limits on payouts for pain and suffering and a new dispute resolution model will save $1 billion a year.
The changes to benefits take effect April 1.
Editor’s note: This story has been corrected since it was first published. It has been updated to accurately reflect changes to benefits for mild concussions and pain and suffering benefits for minor injuries.
