A new study on Statistics Canada’s website examines labour market participation rates among individuals who have a physical/mental injury that results in some disability. The study can be found here: http://www.statcan.gc.ca/pub/75-006-x/2014001/article/14115-eng.htm
It found that the employment rate of people aged 25 to 64 with a mild disability was 68%, compared with 54% for those iwth a moderate disability and 42% with a severe disability. For those with a very severe disability, only 26% were employed. That is contrasted against 79% employment for those without a disability.
Other notable findings included:
- Graduates with a disability were less likely to hold a management position and earned less than those without a disability, especially among men.
- Among Canadians with a disability, 12% reported having been refused a job in the previous five years as a result of their condition. The percentage was 33% among 25- to 34-year-olds with a severe or very severe disability.
These are important statistics to reference in cases where a person has developed an injury or disability as a result of a car accident or personal injury. It is always difficult to predict what will happen in the future, but recourse to these studies can be very helpful in trying to arrive at a reasonable estimate of what someone’s future income losses might be.
People who sustain thee injuries often lament that they did nothing to cause the injuries and disability and why should the defence not have to pay for all of the future potential problems. The way that our legal system works is that you only get one “bite at the apple” in a lawsuit and that is when the case is settled or when the Judge/Jury make their decision about how much money is fair to award. In Whitby and Oshawa those decisions are made when the matter reaches trial at the Oshawa Courthouse. Things can happen after the trial or the future could be worse than expected but there is no way to revisit the award in almost all cases.
Juries/Judges have to consider the potential future losses and also be fair to the defence in considering that all of those losses might not come to fruition and create an award that balances the potential losses, with the concern of avoiding a windfall for the plaintiff. That is no easy task, but these statistics can help.