Loss of Wage Earning Capacity Definition
If your injury is permanent and the case is ready to settle, workers compensation lawyers and judges have to evaluate the value of you injury in monetary terms. As a famous basketball player once said to his coach, “You may think my toe injury is minor, but the only minor injury is someone else’s injury”
In other words, if you broke your pinky, that hurts. Furthermore, depending on the work you do, this injury may keep you out of work. Yet, the system may not place a great value on this injury even though it is the most important injury in the world to you. The Worker’s Compensation law may afford a much lower recovery for a pinky injury, no matter how severe, than a heart attack for example.
Loss of wage earning capacity is specific legal term that incorporates a range of criteria that will help the judge determine how much money you get and for how long for permanent injuries other than injuries to arms, legs, hands and feet as a general rule.
The Judge is supposed to take into account at that point the skills the worker has, the workers’ age and the medical impairments to arrive at a decision. But, the judge has broad discretion here and each judge seems to have different ideas on what to do. Some judges may require that an injured worker seek alternative work before making an award. In other cases, some judges may take into account variables such as languages the worker understands, while other judges won’t even consider this.
Finally, if your case reaches this point, a judge will define your loss of wage earning capacity in terms of a percentage, such as 55% or 62%. That percentage is then compared to a chart for a determination of what your award will be.
Contact NY Workers’ Comp Attorney Robert A. Koenigsberg
Robert A. Koenigsberg focuses on bringing high quality representation through his extensive years of practicing law in New York. As a knowledgeable workers’ compensation attorney in New York, Robert A. Koenigsberg will fight for your rights and aim to achieve the best possible results in your case. If you have any questions about this process, contact the Law Office of Robert A. Koenigsberg at (212) 964-9292 or fill out an online contact form to schedule a consultation.