Victoria ICBC Attorneys – Calculating ICBC Benefits for Income Loss and Homemaker Expenses

Here you will find basic information on calculating your ICBC benefits for income loss and homemaker expenses. It is meant to provide information only and is not a substitute for legal advice.

ICBC Lawyers in Victoria Can Help You Calculate Your ICBC Benefits

As a secondary insurer, ICBC requires you to access income loss benefits from other sources before paying you any ICBC Income Loss Accident Benefits, also known as TTDs. For example, if you are unable to work due to injuries, you may be entitled to short- or long-term income loss benefits through your private/group benefit plan. Remember, if you are the innocent victim, ICBC has the discretion to advance you money against your claim.

For more information on other benefit sources see: Other Types of Coverage – When to Collect. If you are self-employed or are a service industry worker, also refer to: Claiming ICBC Benefits for Income Loss for Self-Employed and Service Industry Workers for more information regarding your circumstances. If you do not have a private/group income loss benefit plan, you may be entitled to Employment Insurance (EI) sickness benefits.

There are generally two situations you might find yourself in:
1) ICBC would be your only source of income loss benefits if you don’t have other benefit coverage;
2) ICBC might top up your other income benefit coverage, which may or may not include EI sickness benefits.

The firm of Acheson Sweeney Foley Sahota is comprised of personal injury lawyers in Victoria who can help you calculate and process your ICBC benefits.

Calculating ICBC Accident Benefits If You Do Not Have Other Benefit Coverage

The following example guides you through a calculation of the amount of disability income loss benefits you may expect to receive from ICBC when you are not receiving disability income loss benefits from any other source.

Generally, ICBC will pay you 75% of your average gross weekly earnings from the year prior to your accident, up to a maximum of $300 per week.

Calculating ICBC Accident Benefits If You Have Other Benefit Coverage

The following example guides you through a calculation of the amount of disability income loss benefits you may expect to receive from ICBC when you are not receiving disability income loss benefits from any other source.

Generally, ICBC will pay you 75% of your average gross weekly earnings from the year prior to your accident, up to a maximum of $300 per week.

Calculating ICBC Accident Benefits When Eligible for EI Sickness Benefits

If you are eligible for EI sickness benefits you could receive more than ICBC would pay you without EI benefits. This is because EI sickness benefits pay up to $562 per week, (in 2019) and ICBC pays up to a maximum of $300 per week. You could also receive a combination of EI sickness benefits and ICBC income loss accident benefits if ICBC must top you up because you are receiving less than 75% of your average earnings.

Your first step is to determine if EI sickness benefits would pay you more than ICBC income loss benefits would. Calculate 55% of your average gross weekly earnings. If that amount is more than $562, you would receive a maximum of $562 per week. That amount is more than ICBC’s income loss benefits would pay you, which is a maximum of $300 per week. In fact, EI sickness benefits will pay you more than ICBC would as long as your EI sickness benefit entitlement is over $300 per week.

In cases where you are eligible for EI sickness benefits and that amount is less than $300 per week, ICBC must top you up. However, ICBC will calculate your disability income loss accident benefits differently than the calculations dealing with other benefits set out above.

Because of a special regulation related to EI benefits (s. 83 of the Insurance (Vehicle) Regulation), ICBC deducts the amount of EI sickness benefits you are eligible for from the amount of ICBC disability income loss accident benefits you are entitled to. In some cases, ICBC adjusters deduct your EI sickness benefit entitlement even if you did not apply for EI sickness benefits. You end up being less well off than a person with a private plan.