A main concern for many people when they have had an accident is that they may not be able to return to their trade. For example: if an electrician is involved in an accident in which they seriously damage their hand, it is unlikely that they will be able to continue to work in this trade if they can’t use their hand as well as they used to be able to. When this happens you are said to be “disadvantaged on the open labour market” as your employability is ultimately affected.
Primarily, it is important that if you feel your injury is going to affect your line of work that you mention this at the start of your claim. This is because the burden of proof is on the claimant and therefore you (and your injury lawyer!) must show that the injury will affect future prospects of work. Of course, in the above example it is quite straight forward but this is not always the case, especially if the injury concerned is partly psychological.
There are different circumstances that can arise under this heading. It may be that you cannot continue to work at all, can simply not work in a particular trade or cannot work in your trade for a certain amount of time. In all these circumstances there is the possibility to claim for the decline in employability.
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