A frequent question I encounter as a British Columbia personal injury lawyer is “when should I go back to work?” or “If I go back to work now will I hurt my ICBC claim?”.
The short answer is that going back to work rarely hurts an ICBC claim. Working is a good thing. Plaintiffs in personal injury claims have a duty to mitigate their damages. This means that they are required to take reasonable steps to minimize their losses as a result of an accident.
Keeping in mind the duty to minimize losses, the question of returning to work is best directed at a physician. The answer it seems, comes down to “Hurt vs. Harm“. Returning to work can be unreasonable if doing so aggravates accident related injuries. That is, if the physical or psychological demands of a job actually aggravate accident related injuries then returning to work is typically not recommended. If, on the other hand, working with your injuries causes pain but your physician tells you to work through the pain as best you can tolerate then returning to work (or at least trying to) seems like a sensible option.
A personal injury claim should never motivate a person to miss time from work. Unreasonably missing time from work can actually hurt a claim. Returning to work while still injured, if medically approved, not only demonstrates a good work ethic but can also fulfill a legal duty to “mitigate damages” and that certainly does not hurt a claim.
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