5,109
edits
Difference between revisions of "ICBC and Basic Coverage (12:III)"
Jump to navigation
Jump to search
ICBC and Basic Coverage (12:III) (view source)
Revision as of 19:53, 8 August 2021
, 19:53, 8 August 2021no edit summary
| Line 68: | Line 68: | ||
“part-time basis”, in respect of employment, means an insured is employed for less than 28 hours per week, not including overtime hours; | “part-time basis”, in respect of employment, means an insured is employed for less than 28 hours per week, not including overtime hours; | ||
“temporary basis”, in respect of an insured who is a temporary earner, means the insured is employed but not on a part-time basis or full-time basis. </blockquote> | “temporary basis”, in respect of an insured who is a temporary earner, means the insured is employed but not on a part-time basis or full-time basis. </blockquote> | ||
For '''part-time, temporary, and non-earners''', after the first 180 days of benefits ICBC will initiate a process called determining employment (see ''IRR'', s 13). This involves considering factors like, “education, training, work experience and physical and intellectual abilities of the insured immediately before the accident”, as well as factors like work experience and wages over the five years prior to the crash. If the insured part-time, temporary or non-earner is unable to do the determined employment as a result of the accident, then they continue to receive their benefit, and cannot receive a lower benefit amount than received prior to the determination of employment. For those able to hold their determined employment, the income replacement benefit ends (''IRR'', s 11(1)(b)). | |||
''Two years following the accident'', if the insured is still unable to hold their pre-accident job but is able to work, ICBC will determine employment for the insured (''IRR'', s 14(1)). This process applies to full-time workers, as well as part-time, temporary and non-earners who have previously had their employment determined under the process above. Once employment is determined under this process, the insured has a year to search for such employment. Following the end of that year, if the insured is able to find work, and that work has a, “gross yearly employment income” lower than that used to calculate their prior income benefit, then ICBC will begin to pay the insured, “the lesser of the following”: | |||
<blockquote>(a) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income from the determined employment as calculated under this regulation; | |||
(b) the difference between the income replacement benefit the insured was receiving before the employment was determined…and the net income the insured earns from employment.” | |||
(IRR, s 10(1)) </blockquote> | |||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||