Published 29 Nov 2018
What does loss of earnings mean?
Under the Civil Liability Act 2003 (QLD), loss of earnings is defined as:
(a) Past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; and (b) future economic loss due to loss of prospective earnings or the deprivation or impairment of prospective earning capacity.
This includes wages from work, loss of overtime or additional hours, commissions from sales and other financial benefits.
Can people claim for loss of earnings in a slip, trip or fall scenario?
Those injured as a result of a slip, trip or fall can make a claim for compensation under the Civil Liability Act 2003. However, in all cases, they must prove the defendant was negligent.
Determining whether the defendant had a duty of care is the first step in making a claim for compensation. Once established, they must then prove this duty of care was breached and the defendant was negligent.
For example, if a member of the public slipped on a wet floor in a supermarket but there was no wet-floor sign to advertise it, a public liability claim could be submitted. This is because supermarkets are expected to provide a safe environment for customers and therefore owe a duty of care. The lack of warning for an unsafe circumstance would prove negligence
What damages are people entitled to?
In any public liability case, a court must carefully consider a series of factors before confirming loss of earnings damages. These include:
- The extent of your injuries.
- Your age.
- How much you’ve paid out of your own pocket so far.
- Eye-witness accounts.
- Medical reports.
The maximum limit on loss of earnings is an amount equal to the present value of three times average weekly earnings per week for each week of the period of loss of earnings.
Loss of earnings is an important aspect of any public liability case, so it’s important to get it right. This is where the experts at Gerard Malouf & Partners come in. We can work with you to ensure your claim for compensation is accurate and completed to a high level. Get in touch with us today to find out more.