Although anyone can be injured at any given time, it goes without saying that those who work in trade professions are especially vulnerable to injuries due to the nature of their job. And while an injury is always difficult to deal with, the consequences of an injury can vary depending on your livelihood.
As an example, a broken foot would certainly be a hassle for someone who works in an office. Though, it would not stop them from doing their job. For a construction worker, however, a broken foot would have a much greater impact on their ability to complete the daily requirements of their job.
There are a variety of occupations that rely on a worker’s ability to fulfill the physical demands of the job. Some of them are:
With every occupation, there are important abilities required to do a job well. For those who work in trades or other physically demanding jobs, certain injuries may create roadblocks in their daily work, affecting their ability to support their family and pursue a fulfilling life.
An injury to anyone who works in a physically demanding occupation could be particularly damaging because it would have a drastic impact on their ability to live their day-to-day life. Going to work may no longer be an option.
A construction worker with an injured back could fall into this category. It would impede their ability to walk, operate heavy machinery, and lift materials. Thus, they would be unable to complete their job as they did previously, before the injury.
Similarly, a massage therapist relies on the use of their hands; if they sustain an injury that impacts their ability to focus, or properly utilize their hands, how will they do their job to the same standard? An injury would directly hinder their job as they can no longer properly treat their patients.
When faced with an injury that impacts your ability to do your job, there is much at stake: how will you make money if you can’t work? What if you and your family rely on your income?
An injury hindering your ability to work in the short-term can be devastating. An injury resulting in long-term repercussions, however, may present even greater challenges.
When calculating damages, a key factor to consider is LOCA or Loss of Competitive Advantage. Prior to the injury, you may have been on a defined career path. LOCA is evaluated by looking at this charted potential and comparing it to your projected situation, taking the injury into account. An injury negatively impacting your ability to work in the long-term will affect your ability to progress and take on new responsibilities. A promotion you were set to receive in a couple of months’ time may no longer be possible.
This can apply to injuries that impact not only physical ability but also mental ability. If an injury causes extreme migraines and light sensitivity, this would impact nearly any occupation. A construction worker would be unable to do their job just as much as an accountant would be unable to do theirs. Similarly, if an injury results in a neurological condition that causes hand tremors, that could affect the work of someone in the food industry. How can they cook, or pour beverages if they cannot use their hands as they once used to? What if you’re a furniture mover that no longer has the ability to stand for long hours? Or a high school teacher that can no longer coherently explain mathematics due to neurological damage?
These are hard realities to face, which is why you should get the compensation you deserve, not only for the rehabilitation of your injuries but also for the wage losses you may suffer long-term on account of your injuries.
There are many factors that are considered in the calculation of damages. If you are injured on-site, you’re most likely looking at a WSIB claim.
If you are injured off-site due to negligent conduct, or even an intentional tort, you should seek out a lawyer to recover compensation. Compensation or “damages,” fall into two categories: punitive damages and compensatory damages. Punitive damages are designed to punish the negligent party responsible for the incident that resulted in injury. Compensatory damages compensate the injured plaintiff for losses sustained because of the injury. This can apply to wage losses and medical expenses.
Compensatory damages are calculated by taking these factors into consideration:
Many of these factors are evaluated based on your medical diagnosis, which is why it is important to see a doctor immediately after your injury.
Doctors have the ability to determine if the incident and injury resulted in impairment. Impairment can be qualified by a variety of considerations: Are you working as you normally would? Are you unable to complete a certain task or chore within your job?
Has the injury affected your long-term employability? What other difficulties has this injury caused in your work-life? Has it affected your career growth trajectory? Has the injury impacted your overall quality of life and ability to enjoy life?
When you have proof of impairment, it is documented in your doctor’s or specialist’s records, which works towards proving the viability of your personal injury claim. Of course, impairment is just one consideration when it comes to calculating damages; if you’re unsure about the damages you may or may not be entitled to, we encourage you to book a free consultation with us to learn more.
Don’t wait to act on an injury that could affect your livelihood.
If you or someone you know has been injured from no fault of their own and has seen a major loss in their ability to work or gain income, contact Gosai Law to learn about your legal options.
