My father can work, but he is no longer able to perform the same job he did before his car accident. Would the difference in his pay be part of his compensation?
As a result of his injury, your father may be entitled to compensation for medical bills, lost wages during recovery, and any difference in salary between his old job and the new one. This is referred to as “loss of earning capacity." In essence, it’s a loss of future income, the money your father would have earned had he not been in the accident.
For example, a gardener who earned $25 an hour before the accident can no longer do the heavy labor, but can drive the truck, which pays $15 per hour. The gardener's loss is calculated by the difference in pay, $10 an hour, for the balance of the gardener's career. Age, obviously, is a factor. If your father is near retirement he will not get as much money. To help prove his case, your father should document his efforts to return to work.
If a worker lost a verifiable promotion, that factors into the equation as well. Sometimes the employer, written evaluations, and pay stubs can help establish that the worker was due for a raise or a promotion. An experienced auto accident attorney can help.
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