The plaintiff seeks $1,181.25, representing his salary for the seven days that he did not work shortly after the accident when he used his vacation time. The plaintiff argues that by using seven days of his vacation entitlement he gave up something that should be compensated for as past wage loss.
 While the use of days from a bank of sick leave days may entitle a plaintiff to compensation for the loss of past income because the plaintiff may have to pay to replace the sick days, in my view the use of vacation time does not represent lost income. (Roberts v. Earthy, 1995 CarswellBC 1800 (B.C.S.C.)). During that vacation time the plaintiff continued to receive his expected income."
LESSON: use accumulated sick time for missed days from work due to accident related injuries, rather than vacation time. The vacation time will be treated as vacation and you will not receive additional compensation. Sick time is considered to be a benefit lost and compensable.
If you are confused or would like advice, consult an experienced ICBC personal injury lawyer.
Do you have questions about your ICBC personal injury claim or accident? If so, click here arrange your free consultation with ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC: Vancouver, Surrey, Langley, Burnaby, Richmond, Abbotsford, Chilliwack, Tri-city area and all over BC)
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