Award for loss of earning capacity
As a result of serious car accidents or personal injury claims, some of our clients are forced to change jobs. They may have to move from a more physical position to something more sedentary. Sometimes, they may be able to find a new job that pays just as much, if not more than their pre-accident job. In these cases, ICBC will often try to reject a claim for loss of future earnings. However, the courts in personal injury claims and ICBC cases have ruled that plaintiffs who are forced to change jobs are entitled to compensation even if they earn more money after the accident than they did before. This is referred to as a loss of earning capacity.
In Tourigny v McSween, the plaintiff had been working as a labourer prior to the accident. After the accident, he was unable to continue in this position, so he re-trained as an electrical engineering technologist, and his income increased. His future loss was assessed at $20,000.
If you have been injured in an accident, contact our ICBC lawyers for a free consultation at 604-684-0040. Our ICBC lawyers ensure that you receive fair compensation if you are forced to change jobs as a result of an accident.Go back to Blog