Unfortunately, accident victims are often unable to return to work immediately after an accident. In some serious cases, the accident victim may be off work for months. In catastrophic cases, the accident victim may never be able to return to work. What rights do accident victims have under Wisconsin Law with respect to lost wages and loss of future earnings?
Under Wisconsin Law, accident victims who suffer wage loss have a number of options depending on available insurance and the circumstances of the accident. If your accident arises out of the scope and course of your employment, your wage loss can be covered through Worker’s Compensation Insurance. If you have disability insurance, your wage loss can be covered under that policy. Whether or not you are covered under Worker’s Compensation or a disability policy, you always have the right to pursue the at fault driver for your wage loss. In catastrophic cases where the accident victim cannot return to work, a loss of future earnings claim can be pursued. Such a claim typically requires the expertise of a vocational consultant who can quantify the loss of future earnings by comparing the accident victim’s pre-accident earning potential with his or her post accident earning potential. Claims for loss of future earning capacity can be enormous depending on the pre-accident earning capacity of the accident victim. Of course, collecting huge damages for loss of future earning capacity presumes the existence of sufficient insurance coverage for the at fault driver to cover such a loss or a substantial Under Insured Motorist Policy in place for the accident victim. Issues of eligibility for Social Security Disability can also arise in serious injury accidents.
If you have suffered neck injuries, back injuries, fractures or other serious injuries in an accident, please contact Janesville personal injury attorney Steve Caya to have your questions answered.