Loss of Income After Personal Injury - 5 Frequently Asked Questions

After a personal injury, your focus should be on recovery. However, the potential loss of your ability to work and earn income can provide an added level of stress or anxiety.

man calculating at desk

After a personal injury, your focus should be on recovery. However, the potential loss of your ability to work and earn income can provide an added level of stress or anxiety. Further, the full impact and severity of your injury may not be initially recognized or felt until a later time such as during surgery or recovery. 

In this post, we want to cover 5 frequently asked questions we receive at Levy & Associates about how personal injury can impact income.

How do I assess the full impact a personal injury has on my income?

If you are not able to work due to personal injury, your loss of income may go beyond your salary. Bonuses, commissions, overtime, vacations, and other benefits of work can be included in your personal injury claim. It is important to provide documentation of your losses whether you are employed or self-employed.

What type of proof do I need of my losses?

You will be requested to provide a copy of your wage slips which your employer should be able to provide. Your employer may also be requested to confirm your absence from work in the period after your personal injury.

Can I still make a claim if I am self-employed?

Self-employed people can make personal injury claims. You may be asked to provide your tax returns, financial statements, and other documents to support your claim. We are experienced in working with people who are self-employed to calculate your losses whether you are a sole business owner, in a partnership, or the director of a company.

Can I still make a claim of loss even though I continued to receive pay?

This may be possible depending on the details of your case. For example, some employment contracts stipulate a clause that allows employers to recover sick pay in the event of a claim against a 3rd party. It is important that you are also not in breach of your employment contract so it is essential that you contact a personal injury lawyer immediately after your accident.

How does my personal injury affect my future income?

Calculating your loss of future income may include the following factors:

  • Lifetime work expectancy – how many more years the victim would have worked
  • Earnings history
  • Residual capacity, such as the ability to learn a new trade
  • Education and training before the injury

What is the Ontario’s Statutory Accident Benefits Schedule?

Ontario’s Statutory Accident Benefits Schedule provides income relief for victims of accidents and missed work because of injury. The disability may be the result of physical or emotional impairment. To qualify, you must meet one or more of the following conditions:

  • Be employed at the time of the accident (including self-employment);
  • Have worked for 26 or more weeks out of the 52 weeks before the accident;
  • Receiving Employment Insurance at the time of the crash; or
  • Not employed but at least 16 years old and excused from attending school at the time of the crash.

Further, there is a limit of 104 weeks to receive these benefits. Contact Levy & Associates today to determine what compensation you are entitled to due to your personal injury. 

If you or someone you know has suffered a serious personal injury, it could profoundly affect their family, health, emotional well-being and quality of life. With legal cases often taking years, choosing a team that will stand by you, and deliver outstanding representation, is critical.

For A Free Consultation: 1-833-LEVY LAW (5389-529). info@levyinjurylaw.com

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