How will this system discriminate against many British Columbians?

  1. Vulnerable British Columbians. Any British Columbian with a pre-existing disability is at risk for discrimination on the basis that ICBC could deny wage loss or treatment on the allegation that the collision did not “cause” or make worse physical or mental health injuries. Under our current system the law protects the vulnerable and makes the at-fault driver pay damages for all the harms and losses they cause, even if the harms and losses are unique or more severe for a vulnerable British Columbian with a pre-existing disability.
  2. The unemployed. Unemployed British Columbians will not be entitled to any wage loss benefits unless the individual can prove that they would have had employment but for the collision (for example, by showing that they were about to start a new job or had a promise of employment). Otherwise, someone unemployed at the time of a collision will be treated as though they would have been unemployed forever.
  3. People who are not participating in the labour force—including parents of young children. If the person was not in the labour force at the time of the collision (not working and not looking for work), they will not be entitled to wage-loss benefits. There are many reasons one might not be participating in the labour force at a given time, but still have the intention to return to the labour force in the future (parenting, extended vacation, nonpermanent disability, et cetera). People who are not participating in the labour force will not be entitled to a wage loss under the new ICBC scheme.
  4. Students. If you are injured while you are still young and/or a student, you will not have reached anywhere close to your full earnings potential. These individuals will have their future income benefits based on their existing earnings history which may be very minimal. Future benefits, if any, will be based on “average” earnings within the province and not take into account the earnings potential of the individual.
  5. Young people. Wage-loss benefits for these people will be based on their earnings at the time of the collision. As a person gains experience their wages increase. Young people will be locked in to a wage-loss benefit that is sure to under-represent their earning capacity and potential.
  6. Part-time workers (including parents or guardians of young children). Again, there are many reasons a person might choose to work part-time at any given time in their career, but fully intend to return to full-time work in the future.
  7. High earners. The new scheme will only compensate for wage loss up to about $93,000 per year. Those who earn more than this amount will be under-compensated.
  8. Women and minorities. Women and minorities experience a discrimination-based wage gap. In 2018, women earned 13.3 percent less per hour than men. Under the current system compensation for wage loss takes into account historical and current discrimination. However, the wage benefit under the new ICBC scheme will be based on this existing discrimination.
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