A Study of Earnings Loss, Replacement, and Return to Work for 2025

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A common example of loss is that arising in personal injury cases. If you have suffered an injury that prevents you from working, then you may have suffered a loss of income.
With the earnings approach, the court forecasts potential future earnings to ascertain any loss to the plaintiff compared to their income pre-accident. This approach employs a comparison of hypothetical events to assess future loss of earning capacity, which involves consideration of multiple contingencies.
Past loss of earnings is typically calculated by obtaining wage slips pre-dating (often for a period of at least three months or 13 weeks) and post-dating the accident, calculating the average net monthly wage prior to the accident and deducting the net monthly wage following the accident to provide a net loss.
Diminished earning capacity refers to the future loss of income that comes from a permanent or chronic disability. For example, a truck driver might need to give up long-haul trucking due to back pain from a truck accident. The truck driver might have the qualifications to work in other jobs in the trucking industry.
To calculate immediate lost earnings: Hourly Employees: Multiply the number of hours missed due to the injury by your hourly wage. Salaried Employees: To get a daily rate, divide your annual salary by the number of workdays in a year, then multiply by the number of days missed.
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