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What do I do if I lost my job due to a car accident?

Car accidents unfortunately happen every day – but a lot of people don’t realize that the damages you might be subject to aren’t limited to the physical damage to your vehicle or to your person. If you break your arm or go through some other type of significant injury and are unable to return to your job for a lengthy period of time due to a medical position, there’s a very real possibility that you might lose your employment because your employer can’t leave that position vacant.

If that describes your situation, it’s critical for you to know that there are still options available to you — you just need to keep a few key things in mind.

Lost Jobs and Car Accidents: Breaking Things Down

Generally speaking, if the other driver involved in your accident is found “at fault” (meaning that they caused the accident in question), you’re likely entitled to recover certain types of damages due to lost wages.  Your employer, according to the BC Human Rights Code, is not allowed to fire you because you were injured.  They are required to make reasonable accommodations for your disability to a certain point.  If you were discharged specifically because of your medical condition, you may have an action against your employer for wrongful dismissal, or discrimination on the basis of a disability.  You may have to pursue that case against your employer, as in order to receive the lost wages from the driver that caused your injury, you have to show that you took all steps to keep your losses to a minimum.  You will also have to seek out suitable alternative employment that your injuries would permit you to do.  If your injuries prevent you from doing certain types of work, you can make a claim against the other driver for loss of earning capacity.  If you do not earn as much money in the new job, you will be able to claim loss of earnings.

To speak to loss of earning capacity, these often include the loss of wages, income, profits, benefits and even business opportunities that were no longer available to you due to the treatment you were going through. In all likelihood, you’ll be entitled to the amount if income you would have earned had the car accident never taken place.

Loss of earnings can include both past loss of earnings as well as future loss of earnings, along with lost earning capacity and lost opportunity to earn income from the date of the accident on forward. To show these types of damages, you need to prove that you had the potential to earn a very specific amount of money. If you had a job with a salary of $100,000 per year that you can no longer fill due to the accident, this information will be used by the court to estimate your earning capacity for the future.

To prove either of these types of damages, you’ll need two key things. First, you’ll need proof of your medical condition that prevents you from returning to work and a letter from your employer stating why you were fired. You’ll also need the help of experienced personal injury attorneys who can file a lawsuit on your behalf and fight for your rights in a court of law.

Contact Becker Lavin & Wessler Today

If you’ve lost your job due to a car accident, it’s important for you to understand that you still have rights that still need to be protected – which is exactly what we’re known for. At Becker Lavin & Wessler, we’ve been fighting for people just like you all over British Columbia for years. As experts in personal injury law and related matters, we won’t rest until we see your case through to the favorable conclusion that you both want and deserve.

To find out more about what to do if you lose your job due to a car accident, or to discuss the specifics of your own case with someone in a little more detail, please don’t delay – contact us today.

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