Rehabilitation Benefits

What are Rehabilitation Benefits?
Rehabilitation benefits (or Part 7 benefits) are available regardless of who was at fault for an accident and can generally be claimed by anyone who:

•     Has an insurance policy with ICBC
•     Lives in a household with someone who has an insurance policy with ICBC
•     Is an occupant of a vehicle licensed in BC
•     Is a cyclist or pedestrian who collides with a vehicle insured in BC

It should be noted that ICBC is considered a “secondary insurer,” which means that you must completely exhaust all other sources of “primary” benefits before ICBC is obligated to pay Part 7 benefits. This includes any benefits available to you through the Workers Compensation Act, Employment Insurance Act and extended health benefits under an employment related health plan.

What kinds of Part 7 benefits are available?

Generally, in the event of an injury, Part 7 provides for:

• Medical and Rehabilitation Benefits – These benefits include chiropractic treatment, massage therapy, physiotherapy, medication and travel to and from medical appointments.
• Disability (Wage Loss) Benefits – You may be entitled to wage loss benefits if you are totally disabled from employment as a result of a motor vehicle accident. These benefits are calculated at 75% of your average gross weekly earnings up to a maximum of $300 per week. You will have to verify your employment status and provide medical evidence supporting disability in order to be eligible for this benefit.
• Disability (Homemaking) Benefits – If you are a homemaker and are disabled due to accident related injuries, you may be entitled to a maximum of $145 per week to compensate you during your period of disability. You are required to provide medical evidence to support your claim for homemaking benefits.

However, like with any insurance policy or coverage, the benefits are often limited and there is an abundance of “small print” which restricts or often precludes coverage.

Will ICBC actually pay for my treatment expenses up front?

Unfortunately, ICBC has developed its own guidelines which limit the payment of medical and rehabilitation expenses. There is a significant difference between what the law requires ICBC to do under Part 7, and what ICBC actually does in practice.  For example, ICBC will approve payment for a only a limited number of treatments, will not pay for the “user fees” or “visit charges” commonly charged by treatment providers, and will limit treatment to a short time period following your accident. This can be a frustrating experience for you when you are trying to get treatment for your injuries.

We recommend that you call a JMR lawyer for a free consultation to learn what rehabilitation benefits are available to you.