Past Wage Loss Claim
Before settling your ICBC claim, you need to consider the amount of your past wage loss claim. The gross loss of wages you suffer is not the amount of compensation you will receive through ICBC.
To start with, ICBC is only required to pay you the net amount of your wage loss after factoring in your income tax obligations as well as your Employment Insurance premiums.
The next issue is whether you received any TTD disability benefits from ICBC. They can be deducted the TTD disability benefits from any wage loss claim.
The next issue is whether or not ICBC can deduct disability benefits/ sick day benefits received from such places as Employment Insurance, an employer or an insurance company. It should be noted that, contrary to what ICBC may tell you, these benefits are generally not deductible from the past wage loss claim.
The next argument ICBC may raise is that you were off work for longer than you should have been. If this is the defense raised by ICBC, you are probably in a position where you will need to hire your own lawyer to pursue the past wage loss claim.
If you have an element of unreported income you can still make a claim that you lost wages as a result of the injuries suffered in the accident. The law is clear that so long as you can prove the amount of the loss you are still entitled to it, even though it did not form part of your reported income on your tax return. Therefore, do not allow ICBC to ignore this part of your past wage loss claim especially if you have clear proof that you lost the opportunity after the accident to receive this unreported income. The proof should be in the form of documents or statements from client/employer(s).
Any promotions or pay raises that you would have received, but for the accident, can also be compensated if they are factored into the past wage loss claim.