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Can I Recover Future Loss of Income If I Was Unemployed When I Was Injured?

One mistake people who have not hired an experienced attorney often make relates to compensation for “loss of earnings.” For example, let’s say you had a good paying construction job when you got injured. If you are unable to earn wages for three months due to a shoulder injury from a car accident, you will be entitled to recover the wages you lost due to that injury.

That part isn’t complicated. But a “loss of earnings” claim allows you to recover more than just lost wages. What if you were laid off just before the accident because the construction company you worked for downsized? Since you were unemployed at the time of the accident, you may think you don’t have a “loss of earnings” claim.

In fact, you do have a right to be compensated if your injury prevents you from earning as much money as you were capable of earning before the accident. This is known as a “loss of earning capacity.” For example, if you can prove that your shoulder was so severely injured that you will not be able to get a job that pays as much as your old one, you will be entitled to additional compensation for loss of your diminished capacity to earn money.

Insurance companies are not required to educate you about the fact that you may have a loss of earning capacity claim. If you don’t ask, their adjusters probably will not tell you about the difference between a claim for “lost wages” and a claim for “loss of earning capacity.” What you don’t know can hurt you. That’s why having an experienced personal injury attorney can make such a big difference in how much you actually recover when you’ve been hurt by the negligence of someone else. Contact our firm today to get started.