Montemaggi Law - Workers Compensation Attorneys


02 Apr 2014

What is Loss of Wage Earning Capacity

Posted by Paul J. Antonowicz

In 2007, the Workers' Compensation Law was significantly changed with regard to how permanent injuries (other than vision, hearing, finger, toe, arm, leg, hand and foot injuries) are determined and what benefits are available to injured workers with permanent injuries.

These changes placed time-limits on money benefits and changed the way that the payment rate is determined for people who do not return to work.  Both the rate of payment and the length of payments are based upon "loss of wage earning capacity".  This is a percentage determined by the judge on a case or by agreement of the parties.  It is designed to take into consideration physical disability and vocational issues including age, current earnings, education and many other factors.  This percentage is then used to determine how long benefits will continue and the payment rate.

Obviously, this number is extremely important and your attorney can help to maximize this number in your case.