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WHAT HAPPENS IF I CAN’T GO BACK TO WORK AFTER AN ACCIDENT?

Guy DiMartino
March 30, 2015

I received this question the other day from an accident victim.

WILL I BE COMPENSATED IF I CAN'T GO BACK TO MY REGULAR JOB BECAUSE OF MY INJURIES?

The answer to the question is yes. The law call this a loss of earning capacity claim. The measure of damage is the difference between the amount the plaintiff was capable of earning before the injury and the amount he is capable of earning after. For instance, if a surgeon was making 400 grand before an accident and she is no longer able to perform surgery so she transfers to a family practice and her salary is cut in half. The measure of damage will be $200,000 a year for her remaining work life. A loss of earning capacity claim is different than a wage loss claim because a wage loss claims looks at the loss up to the time of trial and an earning capacity claim looks at the future.