Returning to Work: Lost Self-Employment Earnings

When calculating the lost self-employment earnings for an individual, the date the individual “returned to work” is often treated as the end of their lost earnings claim. However, for many self-employed individuals, they do not return to work full-time after their accidents and may have a loss after they return to work.
Unlike salaried employees, self-employed individuals do not have a set schedule or guaranteed paycheck, which can make their income difficult to project. Their income depends directly on productivity, availability, and consistency. As a result, even if someone is officially back at work, they may still be losing money if they cannot work at the same level as before.
One common situation is reduced work capacity. An individual may physically be at work but can only handle fewer hours, fewer types of tasks, or a smaller amount of work overall. These limits usually lead to lower income and result in a loss of self-employment income. We calculate this loss by taking the difference of what an individual is expected to make and what they are actually making during their partial return to work.
In some cases, people try to restart their business, then have to cut back due to continuing physical problems. Ultimately, these self-employed individuals can still have a loss of earnings despite returning to work. However, once an individual is cleared by their doctor and returns to work full-time, they cannot claim lost self-employment earnings past that date.

