Being injured in an accident can have an impact on your ability to work. Our personal injury lawyers can help you navigate the employment implications of your accident, including:
There are typically two sources of disability benefits that you might receive. Either from your private insurer or from ICBC under Part 7. The entitlement and amount are dependent on various factors including your income and residual capacity.
Termination makes the stress of a collision more stressful. If you are terminated as a result of your collision, you likely have a claim for the income you lost and possibly for income you will lose in the future.
Graduated Return-to-Work Programs
Graduated return-to-work programs exist to assist you in successfully returning to work. As you may still be impaired by your injuries, you may not be able to now, or possibly ever, return to your pre-collision work. Having come up with a graduated return-to-work program does not guarantee you will successfully be able to return to work. You should discuss the successes or challenges you are having with both your doctor and lawyer.
Modified duties are adjustments made to your duties at work so that you are able to continue with your employment. This does not always work. Often employers have the best intentions to modify duties but in reality have you performing your full duties. If this is the case, you should consult both your doctor and lawyer to ensure you are safe at work.
Your employer has a duty to accommodate you for your injuries. If you are injured and unable to perform your job do not quit. Rather, talk to your employer about accommodating your current abilities.
Loss of Second Job
When you are injured from a collision, work can become more painful and tiring. Many people are no longer capable of performing their second job. There may be compensation available for your inability to continue with your second job.
Often injuries interfere with a victim’s ability to focus and sit. These are both standard requirements if you are involved in school. The inability to attend school can set you back years and change your career trajectory. If you are unable to attend school because of injuries sustained in an accident, you are likely entitled to compensation.
If you loss a promotion because of your injuries, you are likely entitled to compensation for this. The difficulty with this type of claim is in collecting evidence to demonstrate that: a) you would have been promoted; and b) that the injuries you suffered prevented you from being promoted.
Just because you haven’t had time off work or are receiving less compensation doesn’t mean you still have full capacity. You might be cutting into your time with your family, and putting in longer hours to do the same work. A claim can be made for all losses of capacity, not just for income loss.
Employment insurance, often referred to as EI, provides temporary financial assistance to unemployed Canadians who have lost their job through no fault of their own, while they look for work or upgrade their skills. If you are injured, applying for EI should only be done after consulting a lawyer as it may terminate your entitlement to disability benefits and end your income loss claim.
Contact Us to Learn More
Do you have other questions about the employment implications of your accident? We can help. Contact us to speak to a member of our team.