Future Loss of Capacity Claim

The claim for future loss of capacity is easier to make out when you have returned to some employment since the accident

A future loss of capacity claim is a claim for loss of opportunity to earn wages into the future because of the permanent nature of the injuries from the accident.  The claim is still available even if you have returned to your pre-accident employment after the accident.  This is because the law is clear that where your injuries have a permanent nature to them and preclude you from working at certain occupations, you are still entitled to a future loss of opportunity award even though you are back to your pre-accident employment.  The theory goes that at some point in your future, you may not continue to work at your pre-accident employment but try some other employment.  If your injuries preclude you from working at a certain job or group of jobs, then you are entitled to compensation.

The claim for future loss of capacity is easier to make out where you have returned to some employment since the accident, but you are not working to the same extent that you were before the accident.  Also, if you are still unable to work at the time of the trial or settlement due to the injury suffered in your accident, a future loss of capacity claim is clearly available.

ICBC does not easily agree to provide a future loss of opportunity award in any settlement even when faced with clear medical evidence supporting the loss of capacity to work in certain jobs. ICBC will most often adjust the file on the basis that, with the passage of time, the individual will be completely recovered and not missing any time off work in the future.

If you are self-represented, the chance of getting an allowance for loss of opportunity in the future from ICBC in any settlement is low. Therefore, if your injuries give rise to a future loss of capacity claim, you need legal representation.

 

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