Claims | DID YOU KNOW...
that you may be entitled to a loss of income award even if you don’t miss work?
Did you know that you may be entitled to a loss of income award even if you don’t miss work? Even if you continue to work after an accident, if your injuries interfere with the work you do, make it more difficult, or make you less employable, you may be able to make a claim called a loss of earning capacity. Something as straight forward as a daily headache may actually impact on your future earning capacity. Many types of ongoing pain may impact your competitiveness at your own work and in the job market in general. It has been documented that people in pain do not get as many promotions or monetary raises than their healthy co-workers, even if they aren’t missing work or are not forced to change jobs.
Loss of earning capacity/competitive advantage is a type of damage that is meant to compensate you for a loss of productivity or effectiveness at work because of injuries. It can also compensate you for being less employable. Not every employer is willing to accommodate injuries or is understanding that you aren’t as productive as a result of your injuries. This can make you less employable and a loss of earning capacity is meant to compensate you for this as well.
The court has recognized loss of earning capacity as a legitimate damage in cases like Sutherland v 2014 ABQB 182 and has discussed the difference between future loss of income claims and future loss of earning capacity claims. The second one recognizes that while no income has been lost, the plaintiff has lost an asset in that they are less employable and less productive. Some of the things the court considers in these types of claims are:
1.Whether the claimant is less capable of earning income in all types of employment
2.Whether the claimant is less marketable or attractive as an employee
3.Whether the claimant has lost the ability to take advantage of work opportunities they might have had
4.Whether the claimant is less valuable as a person capable of earning income
These types of claims can range anywhere from a few thousand dollars to multiple years of income depending on the circumstances.
A future loss of earning capacity claim is not guaranteed. It has to be based on evidence and the plaintiff has to show that they have actually suffered a loss or that they are actually less competitively employable. This is why it is important to hire the right legal team that can help you and the experts and information you need to prove these claims.
Carol L. Robinson