When a person suffers an injury due to the negligence or fault of another party, they may be entitled to seek compensation for different losses they have suffered, with a view to making you whole. This compensation can include any loss in wages or income.
Understanding Past Wage Loss Claims
Wage loss claims relate to the income a person loses as a direct result of their injury. This loss can arise from the inability to work due to medical disability, working reduced hours, missing out on over-time that you otherwise would have taken, or the need to change jobs to a lower-paying job due to limitations relating to your injury.
Sometimes a wage loss claim can be as straightforward as looking at what you earned previously and looking at what you were able to earn after your accident. In other cases where an individual is self-employed or has a complicated working arrangement, a wage loss claim can be more complicated.
There can also be impacts on your employment due to your injuries. If you are terminated from your job due to your injuries, you could be entitled to severance and/or have a human rights claim against your employer.
Factors The Court Consider In Wage Loss Claims
There are several factors that are taken into account by the Courts when evaluating the appropriate compensation for wage loss claims. These factors include:
- Your income prior to the accident can help set a baseline for calculating past wage loss. This includes salary, wages, bonuses, commissions, and any other forms of income.
- Your medical evidence. Medical records and reports, especially expert opinions by specialists, play a crucial role in establishing the extent of the injury’s impact on the individual’s ability to work. The severity and chronicity of an injury and the related limitations, as well as the prognosis for the future, are important when it comes to evaluating a wage loss claim.
- Your work history. An injured person’s work history and employment stability can factor into wage loss claims. Loss of promotions, career advancements, and other potential income growth can increase a wage loss claim. However, if there is evidence of an unstable work history or indications that you would not continue on in your job absent your injuries, this can work against a wage loss claim.
- Your efforts to mitigate your losses. An injured person has a duty to mitigate their losses by making reasonable efforts to return to work or seek appropriate alternative employment opportunities. Failure to mitigate your wage loss may reduce the amount of compensation you are entitled to.
An Experienced Personal Injury Lawyer Can Help
The experienced personal injury lawyers at Taylor & Blair LLP have been helping people injured due to the negligence of others for over 30 years. We have a large network of experts and specialists, including economists and vocational experts who can help prove your wage loss claim and make sure you get the compensation you are entitled to.
Contact the lawyers at Taylor & Blair LLP today for a free consultation on your personal injury claim and your wage loss damages.