Medical bills in Canada are infamously expensive. Anyone with a steady job and high salary might still need help paying for medical care.
Accident victims often face additional financial challenges. Serious injuries might restrict their ability to work, and if they don’t have health insurance, paying for medical costs might be impossible.
Grover Law Firm has pursued personal injury damages for our clients for over 20 years. In this time, we have learned that medical expenses should not be the only focus of a personal injury claim. Our goal of seeking fair compensation beyond medical bills includes recovering the maximum amount of your lost wages.
Determining What Qualifies As Lost Wages
The plaintiff must claim compensation for their losses. You might be left with an unnecessary financial burden if you miss claiming some of your legitimate expenses.
The following section will examine what counts as lost income in Canada.
For workers’ compensation claims
Workers’ compensation provides benefits, medical expenses, and funds for aftercare services like physical therapy and rehabilitation. Most Canadian workers are eligible to apply for benefits if they are hurt at work or while performing a work-related duty.
If you do not miss work past the day of injury, this is a “no-time-lost claim.” Only a “lost-time claim” allows you to recover lost wages.
Wage replacement benefits vary on a federal and provincial level. For instance, in Alberta, approved claimants can receive 90 percent of their net lost earnings for up to a maximum yearly amount set by the Workers’ Compensation Board (WCB).
Personal injury attorneys can help you find your local WCB. If you have already applied and been denied, we can aid you in submitting a request for review and appealing the decision.
There is a time limit for review by the board, so contact us immediately if there is a problem with your workers’ comp case.
For personal injury claims
A personal injury lawsuit can seek economic damages incurred by an injured individual. If the injury prevented the person from working as usual, he or she can claim compensation for lost wages from the at-fault party.
At Grover Law Firm, we maximize settlement amounts by ensuring that we consider and substantiate all your qualifying lost wages, namely:
- Missed wages: The money you would have made if you were not injured
- Sick-leave benefits: Paid time off work to address health concerns (e.g. medical appointments, periods of recuperation)
- Lost earning opportunities: Tips, gratuities, bonuses, and overtime pay
- Diminished future earning capacity: Just compensation if you are no longer able to earn a living due to your injuries
What if you use vacation time for doctor’s visits or to deal with emotional distress? In 2014, the Supreme Court of British Columbia ruled that vacation time does not qualify for compensatory damages in a personal injury claim.
Contacting an attorney early in your healing journey is wise. Why? He or she can advise you on how to manage your work schedule and obligations after an accident so that you don’t unknowingly reduce your settlement.
When you might not return to work
Employees cannot be fired due to illness or injury. They are still considered employed and on leave during this time.
You should make an appointment with one of the medical providers approved by your insurance. Emergency room visits are exempt from this rule, so seek immediate help if you need it.
Your physician will determine whether you will go on permanent disability or if you can continue to work with adaptations for your new circumstances (e.g. reduced hours or different work duties). You must share this information with your employer, though you don’t need to reveal your diagnosis or describe your medical treatment. Failure to provide accommodations could be considered a civil rights violation.
If terminated, your employer might owe you severance pay. If the loss of your job hinders your ability to secure another position, you could hold your employer liable for future losses.
Recover Full Compensation, Not Only Medical Expenses
Many accident victims understand the importance of recovering medical expenses. They thus hold on to past medical bills, estimates for property damage and car repair, and any other documentation related to their losses.
Getting compensated for property damage
In Canada, you can file a claim if your property is damaged or destroyed in a personal injury accident. The money you receive can cover repairing or replacing damaged property like buildings, vehicles, or personal belongings. Thoroughly documenting the damage is crucial to the success of your case.
Your lawyer will gather evidence like the items listed below:
- Photographs of the item before and after the incident
- Repair estimates
- Police reports
- Witness statements
- Correspondence with the responsible parties and their insurance companies
In time, someone could clean up the accident scene and discard key evidence. For this reason, time is of the essence when it comes to obtaining proof of damage.
Providing proof of income
To claim lost wages, you must show how much you earned before your injury. A personal injury lawyer can help you obtain:
- A letter from your employer verifying significant details about your position, salary, time missed, and your inability to work due to injury
- Records of any disability or workers’ compensation benefits received
- Documentation linking your medical treatments to your work capacity
- Pay stubs, tax returns, and bank statements
- Invoices, contracts, and client correspondence if you are self-employed
These documents are essential for calculating damages since they establish your regular income and show how your physical condition impacts your earnings.
Pursuing pain and suffering damages
After a motor vehicle accident, for example, you might have many economic damages. For instance, you might need to recover costs for past and future medical expenses, property damages, and missed wages.
Yet, no one can deny that a traumatic event like a car accident can cause non-economic damages such as emotional pain and mental anguish.
Did you know personal injury cases can include pain and suffering damages? Just like when proving economic losses, you must show evidence of your personal injury.
The following steps on your part can help your attorney negotiate with insurance companies and maximize your compensation:
- Document medical treatments, medications, and therapy sessions
- Keep a personal journal of physical pain levels and your emotional state
- Obtain statements from mental health professionals describing how your psychological state impacts your daily life
- Gather affidavits from friends and family about observed changes in your behavior and mood
Don’t worry if the legal process sounds intimidating. Our personal injury team can help you collect evidence and present it to insurers or in court.
Acting on behalf of a loved one
Suppose a relative experiences a traumatic brain injury in an auto accident. The condition of his or her health could make it impossible to pursue compensation for medical bills or other personal injury expenses. As a close family member, you can use a personal injury claim to obtain funds for past medical bills, ongoing medical costs, and pain and suffering.
What if a healthcare professional’s wrongful actions or negligence contributed to the injury, worsening health, or death of the injured party? You might have the basis of a medical malpractice lawsuit.
If the injury victim passes away due to accident-related injuries, you can file a wrongful death claim. A Canadian personal injury law called the Family Compensation Act limits these actions to the deceased spouse, parents, or dependents.
A personal injury settlement based on wrongful death might compensate the victim’s family for the following:
- Loss of financial support or inheritance
- Loss of guidance from a parent to a child
- Loss of household services
- Funeral expenses and related travel
- Non-economic damages for emotional trauma, physical pain, and suffering
A personal injury lawyer can help you establish legal guardianship or power of attorney. Your legal counsel can guide you through the legal process to represent your loved one’s interests and lift the financial strain from your family.
Many people hesitate to take action for wrongful death accidents because they think that a liable individual will need to pay out of pocket. However, that rarely happens. Usually, the insurance company of the responsible person, company, or government entity supplies the funds.
Insurance policies that cover these types of personal injury cases include:
- Automobile third-party liability coverage: This mandatory auto insurance coverage protects you if you are legally responsible for injuring someone or damaging property in a car accident.
- Homeowner or renter policies: This coverage protects against losses to one’s home or the possessions it contains. This type of insurance might pay for dog bite cases, slip-and-fall accidents, or other incidents that occur at someone’s home.
- Commercial insurance: These policies cover specific types of losses, damages, and liability arising in the course of business operations.
- Coverage plans for businesses, hospitals, recreational facilities, or government agencies: What these specialized plans cover varies since they are tailored to the risks and needs of each type of entity. For example, a hospital might carry protection for medical malpractice claims or to insure expensive equipment.
Act Fast to Meet the Statute of Limitations
A statute of limitations is a deadline for pursuing lawsuits for personal injuries. In Canada, these time constraints vary depending on the province or territory where the incident occurred.
Generally, the limitation period is 2 years from the date of the injury. However, claims against government entities or municipalities can have shorter deadlines.
Considering these exceptions and variations, it is always best to discuss your personal injury case with an experienced legal professional. You can call the number at the bottom of your screen at any time to schedule a free consultation.
Contact an Experienced Personal Injury Lawyer
The combination of looming medical bills and lost income can make your economic prospects seem bleak. Yet, even these challenges can be overcome with help from a personal injury law firm that cares about the injured party.
At Grover Law Firm, we go beyond the basics of pursuing reimbursement for medical bills. We understand that a comprehensive legal perspective can lead to a higher settlement. When clients receive an unanticipated award like pain and suffering compensation, they are grateful that their lawyers sought to maximize their benefits.
Do you have questions about the potential value of your personal injury settlement? A personal injury attorney can help. Schedule your free case evaluation to learn whether skillful legal representation can change the outlook of your financial future.