Accidents often compromise your ability to support your family.
While you’re in recovery, it’s very difficult to get to work. You’re often in too much pain to function, especially if you worked in a job that required you to stay on your feet or do any heavy lifting.
Recovering from an accident is also time consuming. You often have to take trips to multiple doctors and physical therapists in order to heal, which means you have to take time off work. That’s time you might not be paid for.
After you’ve reached maximum medical improvement you, your physician, and your lawyer may even determine that your ability to earn money or pursue your career in the future has been significantly impaired.
There are two types of loss of employment damages, and Alberta law lets you collect compensation for both of them.
Of course, nobody’s going to volunteer to pay you this money. You’ll need a savvy lawyer by your side to fill your bank account. Fortunately, each and every one of our personal injury lawyers has extensive experience arguing these types of cases.
Loss of Earnings
When an accident keeps you from working a job you already have then you’re entitled for compensation for lost earnings. Let’s say the accident makes it impossible for you to return to work for six weeks. You earn $1000 per week.
For the most part, it’s fairly straightforward to argue that you should be awarded $6000 to cover all the weeks you couldn’t work while you were receiving treatment for your injuries.
You may be able to claim this money even if your employer let you go as a result of being unable to come to work. The reasoning is that your employer probably would have kept employing you but for your accident. You can often receive money for weeks that you were unemployed based on a “best guess” estimate on when you would have returned to work if your employer had chosen to keep you in your position.
As your lawyers, of course, we would be ready with facts and figures to support a fair estimate of when you might have gone back to your job if your employer had not fired you. We will insist that a fair number be used when calculating your settlement.
Loss of Earning Capacity
Some accidents make it impossible to work at all, or impossible to work full time. Other accidents force career changes, making it impossible to enter a comparable field at a comparable rate of pay. When this happens, you deserve compensation for the money you would have earned had you been capable of staying in the same field.
These claims are of course far harder to make than claims about actual dollar amounts lost during a well-defined period of time. To prove your claims, your lawyer must successfully show that:
- Your accident left you less capable of earning money from any type of employment.
- You are now less capable of getting a job because your injury has made you less marketable to employers.
- You can’t take advantage of the same job opportunities that would have been available to you before the accident.
- You’re now less valuable to yourself as a person capable of earning a living.
There’s lots of variance between award amounts. A great deal will depend on your lawyer’s skill and experience at helping courts understand the impact the accident has had on your career and your ability to make money.
Why Merchant Law?
We will invest in the expert witnesses who can help your case, including physicians and forensic economists. We also dig deep to find the facts that will help you. We’re tough negotiators and skilled litigators who will fight hard for you.
We’re known as some of Canada’s toughest lawyers because we have a long track record of success.
Best of all, hiring us risk-free. We don’t get paid until you do.
Schedule your case review today. Call (780) 799-7777, or visit our office at 425 Gregoire Drive.