Can I claim Lost Wages After a Car Accident?
You are driving home after a long work day. A reckless driver behind you carelessly crashes into your car. Your car gets totaled, and you are now unable to move your right leg. You are forced to miss work for a few weeks (without pay) during treatment and recovery. These unforeseen events and the consequential financial burden can be overwhelming.
The good news is that you can get monetary compensation for the lost wages from different sources, including:
- Your auto insurer
- Personal long-term disability or short-term disability insurance policy that you hold through your employer or independently
- Recover damages from the entity responsible for the accident
Filing a claim for lost wages isn’t an easy undertaking. It would help if you had an experienced accident lawyer who can fight for your rights and avoid mistakes that could derail your claim. As mentioned earlier, you can recover lost wages from the following:
1. Your standard insurance policy
All drivers in Canada are required to carry a minimum amount of auto insurance coverage. In Nova Scotia, this standard car insurance policy covers accident benefits (Section B), third-party liability (Section A), and unidentified & uninsured auto insurance policy (Section D).
Lost wages fall under Section B, and your benefits are based on a percentage of your total income at the time of the car accident. If you successfully prove that the injury you sustained prevents you from working, it’s possible to get up to 80% of your gross income subject to a weekly limit of $250.
Keep in mind that lost income compensation under Section B has a time limit of two years if you cannot resume your duties where you are working at the time of the accident. If you cannot do any job that suits you based on your education, experience, and training, you will continue to receive compensation. In case you suffered permanent disability, you will be entitled to income loss payments for life.
2. Personal or workplace policy
Having a long-term disability or short-term disability insurance is always a good idea. It prepares you for a time when you will need to cover medical expenses if you have been injured. Most employers encourage enrollment in group policies, but workers can still hold a disability policy independently.
It’s important to mention that Section B is limited in terms of the amount of compensation a victim of an accident can get. Fortunately, tapping into your workplace on personal disability policy can help narrow this gap. The terms of long-term and short-term disability policies vary, and you need a lawyer who can analyze them closely before you file a claim.
3. Recover damages from the entity at fault
In case you haven’t recovered sufficient financial resources from the previous two sources, an accident injury lawyer can help you get compensation for income loss from the entity responsible for the accident.
In Halifax, you can find our lawyers who are ready to help hold the negligent party responsible for their actions. Wagners team can also help you pursue other damages such as diminished earning potential, the cost of treatment for the injuries sustained, and more.