As of April 1st, 2019, a number of changes have been made to ICBC’s regulations around compensation for injuries. The following is a brief summary of the main changes made in 2019 and what they could mean for you.
New Cap on Pain and Suffering Payout for Minor Injuries
If your injury is deemed minor, the cap for pain and suffering compensation you are entitled to is now $5,500. Your compensation will not be limited by this cap. However, your claim will not be impacted by the $5,500 cap for pain and suffering if your injuries do not meet the criteria of a “minor injury”. The minor injury cap does not apply to accidents that occurred before April 1, 2019. Contact one of our personal injury lawyers at Hoogbruin & Company for a free consultation to discuss if your car accident is impacted by the minor injury cap.
Remember that the minor injury cap only applies to compensation for pain and suffering, which includes the inability to perform certain activities such as, recreational activities and household chores. Compensation for lost wages and healthcare treatment is separate.
Increased Disability and Home Support Benefits
As of April 1st, ICBC’s disability benefits have increased from $300 per week up to $740 per week. Compensation for home support costs has also gone up from $145 per week to $280 per week.
Expanded Authorized Treatments
ICBC now recognizes more pre-authorized treatment options for those who have been in an accident. These treatments include kinesiology, acupuncture, chiropractic, counselling, physiotherapy, psychology, and massage therapy.
New Timeline for Submitting Treatment Claims
ICBC will now only pay for approved health care expenses if the receipts are submitted within 60 days of the treatment, so it is important to remember to submit your receipts promptly upon receiving treatment from a healthcare professional.
Required Examination by an RCA
In order to assess your injury, it is now necessary to be examined by a Registered Care Advisor (or RCA). You can get a referral for an RCA from your doctor, and this referral must be made within 90 days of your accident. The RCA should examine your injuries within 15 days of the referral and must complete a report within 10 days of the examination.
Your RCA must be an independent party, which means they cannot be hired by your lawyer or by ICBC and must not have any financial interest in your treatment.
Let Us Help
If you’ve been in a car accident and need more information on your next steps and what you could be entitled to, get in touch with Hoogbruin and Company for a free consultation.