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What treatment can I claim from ICBC?

BY ADAM UELAND

IF an individual is injured in a motor vehicle accident, they are entitled to claim treatment from ICBC under a Part 7 claim. A Part 7 claim is a way for the injured individual to be paid the following reasonable expenses as benefits: necessary health care services, occupational therapy, dental services, hospital services, ambulance services, professional nursing services, speech therapy, medication, prostheses and orthoses.

Under Schedule 3.1 of the Insurance (Vehicle) Regulation, health care services are defined to include acupuncture, chiropractic sessions, counselling, kinesiology, massage therapy, physiotherapy and psychology.

Can you claim treatment from ICBC for cosmetic treatments?  Cosmetic treatments, such as laser therapy and Botox, are not directly addressed anywhere under Part 7 of the Insurance (Vehicle) Regulation. This leads to the conclusion that since such treatments are not included as part of the listed services, they must not be approved under the Part 7 benefits. However, since such treatments are also not listed anywhere as being prohibited benefits, there may be some room for interpretation.

All the approved treatments listed above have a rehabilitative purpose, such as to help improve functioning of an injured individual. So, if a treatment, although generally considered cosmetic, can be proven to have a rehabilitative purpose, then it may be possible to get the treatment approved.

Bernie Simpson

Our legal team at Simpson, Thomas & Associates is here to advocate such matters on your behalf to ensure that you receive the best compensation possible, whether it be through settlement or trial.

If you or a loved one has been injured in a motor vehicle accident, please call us at (604) 689-8888 to schedule a free consultation.

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