Many people think that if they are injured in a car crash while they are at work they must automatically look to WorkSafeBC (formerly “Workers’ Compensation Board of BC”) for compensation. It is often the case that if you are at work when the accident occurred, you may only have a claim through the Workers’ Compensation Act and not against ICBC. Under the Workers' Compensation Act s. 10, a worker acting in the course of his or her employment cannot sue another worker also acting in the course of their employment. This is known as the worker-on-worker bar, and compensation must be claimed through WorkSafeBC. The consequences for you are significant because WorkSafeBC does not provide the same amounts of compensation as ICBC.
However, there may be situations where the other driver is at-fault and was not in the course of their employment when the accident happened. In this situation, you have the option to make a claim for personal injury damages through ICBC. These cases are complicated. In these situations, it is very important that you get legal advice before you make a decision whether to accept WorkSafeBC benefits or pursue an ICBC claim.