The Worker's Compensation Act doesn't allow one worker to sue another for bodily injury. If both you and the other driver were working, you can only file a WorkSafeBC claim, not a claim for compensation or damages. If only you were working and the other driver wasn't, you can file a claim with either ICBC or WorkSafeBC - or you can elect to get benefits from WorkSafeBC and still file a claim for damages against the at-fault driver.

When liability is an issue and your injuries are relatively minor, it's usually better to file a WorkSafeBC claim. If you have serious injuries, it may be better to file an ICBC claim.

When you're at fault in an accident, it's usually better to file a WorkSafeBC claim as their wage-replacement policy is more generous than ICBC's and you'll get more on-going help. (ICBC won't provide you with any accident benefits that you're entitled to get from another source.)

If you weren't at fault, you may be better off with an ICBC claim as you'll generally be paid damages for your pain and suffering, and should eventually get back your full wage losses and all your medical-rehab expenses.

If you're not clear whether to file a claim with ICBC or WorkSafeBC, you may want to discuss this with a personal injury lawyer in a free initial consultation. You'll have to decide what you want to do before you file a claim.

Only WorkSafeBC has the right to decide whether your accident was work-related. When it's not immediately apparent that both drivers were working, ICBC may provide you with accident benefits while waiting for WorkSafeBC's decision. You'll have to sign a statement agreeing to pay ICBC back if WorkSafeBC decides you're entitled to benefits from them.

If you file a WorkSafeBC claim, as well as a tort claim for damages from an at-fault driver, a lien may be placed on your tort claim to make sure that WorkSafeBC is reimbursed for any benefits they provide. They'll only let you file a claim for damages if you do this within three months of your accident or if they grant you an extension. If you're paid less money in damages than you'd have gotten in WorkSafeBC benefits, the difference should be made up to you by WorkSafeBC. You shouldn't be penalized for taking legal action against an at-fault driver.

If you elect to get WorkSafeBC benefits and don't file a tort claim for damages that you're entitled to, WorkSafeBC may do this on your behalf. Their lawyer will handle your claim, and they'll decide whether to accept a settlement offer or take your case to trial.

A lawyer can help you appeal a WorkSafeBC decision on:

• whether your accident was work-related
• what injuries you've had and how serious they are
• what medical-rehab treatment you need
• whether you're totally (or partially) disabled from working
• what alternative work is suitable for you
• what disability percentage is appropriate in calculating wage loss benefits or a disability pension
• what your average pre-injury earnings were
• how long you should continue to receive benefits