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If I wasn't employed during an accident, can I still recover for employment missed?

If I wasn't employed during an accident, can I still recover for employment missed?




There's two types of claims that are usually brought when it comes to missing work because of an accident. One is a claim for lost wages, and the other is a claim for loss of earning capacity. If you weren't employed at the time of the accident, and you didn't miss work or miss any opportunities to work, it can be very difficult to bring a claim for that lost work.

However, if your injuries are significant enough that they prevent you from being able to get another job, or return to work following a planned absence, then you can still recover from that. In addition, some longer period of time may allow you to recover for a loss of earning capacity claim, because you could have chosen to go back to work at that point.

A common example might be a housewife. Although she does not work, she would have the ability to work. So if she loses that ability, she can still recover from it. This is a very fact-specific question, and lot of issues would need to be addressed. Should definitely meet with your attorney about that, and they can advise you more directly on your specific case.



 

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