Wage Loss

If your injuries cause you to miss work, force you to use vacation or sick days, or otherwise reduce your ability to earn an income, you may be entitled to wage benefits.

Despite what an insurance company may tell you, even if you receive disability pay through Employment Insurance, an employer program or another insurance company, such benefits generally do not affect your ability to pursue a wage loss claim.

Our experienced lawyers will ensure that your damages are properly categorized so that you can receive the maximum amount of coverage you are entitled to.

To be eligible for income replacement benefits, your injuries must prevent you from working or working in the same manner as before the accident. In addition, you must be employed at the time of the accident (self-employment qualifies) and must have worked 26 or more weeks the preceding year of the accident. If you do not meet the established categories you may instead be classified as a non-earner and receive those benefits.

The difference between the statutory maximum weekly entitlement and what you would actually earn but for the accident can be sought from the at-fault party. Under the current framework, you are only able to claim 70% of your gross income prior to the accident until the date of trial. There is no similar limit for seeking compensation for loss of future wages.

Wage loss is often determined by comparing previous tax returns with those filed after the accident. However, many clients, be they contractors, artists or waitresses, have an element of undeclared income. In these cases, the law is clear that so long as you can prove the wage loss through another means, you are still entitled to compensation.

We have the experience to navigate through the myriad of defences an insurer will use in an attempt to minimize your wage loss claim.