Vehicle modifications

Driver assessments and/or driver training are available to all injured workers who require a vehicle assessment, lessons, or who have a medical condition or are taking medication that may affect their ability to drive safely. 

A driver assessment is required for first-time driving adaptations installed on a worker's vehicle or a WCB provided vehicle.  The assessment covers driver training needs using a modified vehicle. The worker must obtain approval from Alberta Transportation before registering for driving lessons. Note:  When major vehicle modifications are completed, but the worker will only be a passenger in the vehicle, a driving assessment is not required.

The decision maker determines if the worker requires vehicle assessment and/or driver training for the modified vehicle and makes the referral. In some cases, the decision maker or the special needs coordinator will receive a referral from a hospital.  

Driver assessment and/or training is automatically available to workers who require driver training and are inpatients at the Glenrose Rehabilitation Hospital. The Glenrose Hospital Occupational Health Coordinator contacts the decision maker to request admission into the program for inpatient workers. The decision maker is responsible for sending in a referral as outlined in step 1. 

Note: The Glenrose Hospital provides a vehicle for the lessons and the road test. However, if the worker's modified vehicle is available, the worker can use the vehicle for driver training and testing. Driver training can be conducted after the delivery of a modified vehicle, if appropriate. For new vehicle purchases, training must take place before the vehicle is released, according to the Security Agreement. 

Requirements for driver training

Before referring the worker for driver training, the worker must obtain:

• Medical approval and licensing from the Alberta Infrastructure (Alberta Transportation) Driver Records Department.
• Medical or visual evaluation from an attending physician using the Medical Examination for Motor Vehicle Operators 3050/96/05 form and submit this information to the Driver Records office with notification that they will be undergoing a driver-training program.  

The medical documentation is then reviewed by an Alberta Infrastructure (Transportation) Medical Review Board to determine whether the worker is medically qualified for the class of driver's license being requested. The Medical Review Board's decision is sent to the worker by the Driver Records office. The worker is responsible for providing this information to the decision maker before training arrangements are made.  If the information is not provided, collaborate with the worker to ensure it is submitted. 

Note:  If the worker will not provide the information, the decision maker may request a copy of the Medical Review Board's decision from Alberta Infrastructure (Transportation).  

Vehicles are provided by the Glenrose Hospital for lessons and may be provided for the road test. If the worker's modified vehicle is available, the worker can use the vehicle for driver training and testing.

For a new vehicle purchase, driver training must take place according to the Security Agreement.

Vehicle assessment

Special transportation needs can be determined when arranging home assessments, wheelchair assessments, and/or personal care assessments.

When a need for vehicle modifications is identified, the decision maker makes a referral to a vehicle assessment provider.  A vehicle assessment is required for all first-time major vehicle modifications and vehicle purchases.

Note: In some cases, an occupational therapist from a treatment facility or hospital (i.e., Glenrose Rehabilitation Hospital) may have already completed the vehicle assessment.  

As part of the vehicle assessment, an occupational therapist completes a questionnaire to assist in determining the type of modifications required for the vehicle. The vehicle assessment identifies:

• The worker's medical, work, personal and family needs.  
• Their functional abilities and limitations.
• The dimensions of the worker's wheelchair (power or manual) including the weight with batteries, or other required equipment. 
• The recommended equipment and/or adaptations to ensure it will meet the worker's current equipment needs as well as any anticipated subsequent equipment.
• The basic vehicle required to accommodate the recommended equipment and/or adaptations.

An assessment is considered current when it was done within six months of the request, and a repeat assessment is not required unless there is a change in the worker's medical needs. 

WCB may provide or purchase a vehicle if a worker must use a power wheelchair or a manual wheelchair and is medically assessed to be unable to self-transfer from the wheelchair into the vehicle own their own from outside the vehicle. Because the worker is unable to self-transfer, they need a specially modified vehicle to enter the vehicle while remaining in the wheelchair or use a power lift or other mechanized assistance to enter the vehicle. In this case, WCB may purchase a vehicle that can accommodate the required structural modifications. The decision maker and the special needs coordinator review the available options and determine which vehicle is the best value based on the options available and the worker's assessed functional needs. 

WCB's standard vehicle list meets the basic structural requirements for conversion (e.g., motor size, payload weight, etc.) and identifies the structural requirements for minivans and full-size vans.  The special needs coordinator confirms with the vendor whether a vehicle, not on the list, can be modified.

When WCB purchases and modifies a vehicle, a signed Security Agreement must be registered by Legal Services before the vehicle ownership can be transferred to the worker. Normally, the vehicle is not released to the worker until the Security Agreement is received by WCB, the necessary driver training has taken place (not the driver's test), and proof of the vehicle registration and insurance is received. Refer to the Security Agreement and loan collateral section.

Depending on the worker's needs, a used van may be provided from WCB stock. This will allow the worker to obtain a vehicle more quickly. The special needs coordinator will consider if there is a suitable vehicle in WCB's inventory or if a new vehicle purchase is required, arrange for the vehicle modifications and delivery. The special needs coordinator will ensure the worker is satisfied with the adapted vehicle and notifies Medical Aid to send payment to the vendor.  

Standard vehicle options for all new vehicle purchases include:

• Front and rear heat and air conditioning.
• Cloth or leather seats based on recommendations from the occupational therapist. Note: Seat fabrication should be considered for ease of transfer and/or incontinence.
• Power windows, locks and mirrors (with controls inside the vehicle).
• Keyless entry, power sliding door opener and hatch/lift-gate.
• Adaptive cruise control, remote start (one way), or hot water heater, if available
• Options to assist with using hand controls such as blind spot monitoring, back up camera or sensors, rain sensing wipers, lane departure warnings, forward collision mitigation.
• Basic trailer tow package (if WCB has provided a trailer to transport a mobility aid).
• Limited-slip axle ratio.
• Heavy duty battery and/or alternator or dual battery, if required for the adaptations.
• Power emergency/parking brake extension.
• Built-in navigation/GPS system, hands-free system for phone/radio (e.g. Sync, Bluetooth, etc.).
• All wheel drive or 4x4 when a worker lives in a rural area and WCB determines it is required for safe transportation.

When the worker chooses to add additional options to their vehicle, the special needs coordinator discussed with the worker that they are responsible for payment of upgrades or options not required as a result of the compensable injury. Examples include Eco boost engine, extended range fuel tank, extended warranty, vehicle maintenance monitor, enhanced park assist, dual alternators, Sirius Satellite radio, upgrade colours/trim/cosmetic options, wiper activated headlamps, running boards for the passenger's benefit, paint protection, exterior lighting, trailer tow package not required for the injury etc.).

For the Security Agreement, an official document needs to be provided to WCB to confirm the worker's name, including their first, middle and last name(s). This is a requirement under section 20 of the Personal Property Security Regulations (PPSR). 

The identification documents should be obtained at the earliest point in the process to ensure they meet the requirements for the Security Agreement as outlined in the Personal Property Security Act. The following official documents can be used to confirm the worker's name. The list is ranked meaning that the worker should be asked to provide a registered birth certificate first. 

1. Birth Certificate - Registered 
2. Passport, SIN Card 
3. Certificate of Canadian Citizenship 
4. Current Government of Canada Visa, Foreign Passport, Foreign Birth Certificate). 

In addition, the worker needs to verify whether they have changed their name (i.e., through marriage). If they have, the worker will need to provide a copy of their:

1. Marriage Certificate or change of name certificate (as applicable)
2. If the worker does not have the ability to obtain the marriage or change of name certificate, they can submit two of the following: (i) current motor vehicle driver's license, (ii) current vehicle registration, (iii) current medical insurance card. 

The worker is responsible for the cost of vehicle registration and insurance. Collision coverage is required as indicated in the Security Agreement along with the amount for the insurance deductible. 

The worker should include the modifications in their vehicle insurance policy. WCB may pay for the increased cost for vehicle insurance that is due to the work injury. Three estimates for insurance must be obtained. The decision maker will determine the difference in cost for standard insurance for a mid-size vehicle (i.e., a Ford Escape) and the cost for insurance for the modified vehicle. The difference between standard insurance and the cost for the modified vehicle is the portion covered by WCB. This applies regardless of whether or not the worker owned a vehicle prior to the accident.

If the vehicle is damaged in an accident, the insurance proceeds must be used to repair the vehicle. The worker arranges for repair of the vehicle through the insurance company. If the vehicle is no longer road-worthy, the insurance proceeds are used to repay the Board's interest towards a new vehicle. The worker must provide proof of loss or damage to the WCB. 

Vehicle replacement

A worker's vehicle may be considered for replacement when it is no longer roadworthy or does not meet the worker's special transportation needs and cannot be modified. 

A new vehicle is expected to remain roadworthy for at least 10 years. The WCB will evaluate all requests to replace a vehicle before the 10 years has passed on a case-by-case basis, if the vehicle is no longer considered roadworthy. Exceptional circumstances will be considered, such as manufacturer's defects, high mileage, etc. 

The worker will be required to provide proof of regular vehicle maintenance as established in the terms and conditions for vehicle ownership and maintenance. If the worker is unable to provide this, the replacement vehicle may be pro-rated between the WCB and the worker.

The special needs coordinator will contact the worker and request that they arrange a mechanical assessment of the vehicle conducted by a certified mechanic. Upon receipt of the paid invoice, the worker will reimbursed.

For reassessment of special transportation needs, send a referral to an occupational therapist for a vehicle assessment. See step 2.

Vehicle sale

When the vehicle must be sold to recover costs for purchasing a new vehicle, the special needs coordinator will arrange to send the vehicle to auction via Service Alberta > Surplus Sales. Sale proceeds must be paid to the WCB.  

If the worker wishes to sell the vehicle, written consent and instructions for repayment must be provided by the claim owner.  The worker is responsible for repaying WCB an amount based on the terms indicated in the Security Agreement.  

Note: Once the worker's payment is received, WCB's cashier in the Finance department notifies Medical Aid to modify the original vehicle purchase payment by the same amount of the refund.

If the worker passes away, the worker's family may wish to purchase the vehicle outright. In these circumstances, the special needs coordinator will provide the family with WCB's depreciated price. Once the family agrees to purchase the vehicle, the special needs coordinator notifies their supervisor of the purchase price or seeks approval for the amount if it is not based on WCB's depreciation rate: 30% off the purchase price of the vehicle only, not including the modifications after the first year, followed by 15% off for each year thereafter. The original vehicle purchase payment will be modified and reduced based on the agreed upon price.

Note: When the purchase price is not based on the depreciation rate, supervisor approval is required.  These circumstances are reviewed and approved on a case-by- case basis.

Once the funds are received for the agreed upon purchase price, the special needs coordinator requests that Legal Services have the Security Agreement against the vehicle discharged.  Bill of sale/transfer title is required as the vehicle will be registered in the worker's name.

Send all requests for repair and/or replacement of specific installed equipment to the Special needs coordinator to be authorized. 

The repair and replacement of specific installed equipment covered by the WCB must be provided by a certified technician or licensed mechanic. All repairs or replacement of equipment must be pre-authorized by the special needs coordinator.

A Security Agreement is required when a vehicle is purchased by WCB for an injured worker and for all vehicle modifications in excess of $10,000 (includes vehicle modifications to vehicles owned by the worker). A Security Agreement is a legal document signed by the worker agreeing to the terms and conditions regarding the purchase. It provides the lender (WCB) with a security interest in a specified property (e.g., vehicle) and prevents the borrower (i.e., the worker) from selling the property as the property would have a lien. If a buyer purchases a property, in this case a vehicle, with liens against it, they would be doing so at their own risk as the lender (WCB) would be able to seize the vehicle.

A WCB lawyer draws up the Security Agreement and once signed by the worker registers the signed agreement with the Personal Property Registry. Ownership of the vehicle is not transferred to the worker until this has been completed along with any recommended driver training.

The Security Agreement covers:

• The amount of money advanced by the WCB and their security interest in the vehicle.
• The WCB's access to the vehicle.
• The WCB 's protection from legal actions or costs.
• The worker may not use the vehicle as further collateral.   
• Situations that may affect the vehicle such as: other charges owed by the worker, lawsuits or other legal proceedings against the worker.
• Provision of assurances or documentation.
• Insurance requirements.
• Vehicle maintenance and damage.
• Vehicle sale/transfer and ownership.
• Leaving the province of Alberta.
• Considerations if the worker defaults on terms or conditions.
• Events entitling the WCB to enforce the Security Agreement which may result in:
  repayment of the outstanding amount secured or fair market value, vehicle delivery to the WCB, or seizure of the vehicle.

Should the worker fail to comply with the Security Agreement, the decision maker will review the reason for the failure and determine:

• If the worker qualifies for special assistance.
• If it would be appropriate to give the worker notice that the failure must be corrected within a certain number of days.
• If Legal Services should be consulted to determine the steps required to remove the vehicle from the worker's possession.

Should the worker pass away, the special needs coordinator will make arrangements to pick up the vehicle, unless the family wishes to purchase it at a mutually agreeable depreciated price. If there are any issues or concerns, the WCB Legal Services department will determine the next appropriate steps (what action is required).  

Loan collateral

In most cases the modified vehicle cannot be used as collateral for another loan as the WCB already has a Security Agreement registered against it. However, if the worker is the owner of the vehicle and the security agreement in place is solely for modifications made to the vehicle, the worker may have enough personal equity in the vehicle to use as collateral.  In these circumstances, the worker must first obtain written permission from WCB Legal Services to use the vehicle as collateral before another Security Agreement can be registered.

Refer any requests to use the vehicle as collateral directly to the WCB Legal Services department to handle.