What is Lost Earning Capacity in Workers’ Comp?

 Posted on February 11, 2022 in Workers' Compensation

Occupational injuries can come in many forms, including muscle sprains, broken bones, and slips and falls. Sometimes, the injuries sustained by an employee on the job are severe enough to cause long-term inability to work. In these scenarios, the employee may end up losing money they would have otherwise earned due to their reduced capacity to work from the injury or their employer’s unwillingness to accommodate for the injury. The implications can be life-changing and cause hardworking individuals to lose income. 

Understanding Your Work Injury

Depending on the occupational injury sustained by the individual, they may be entitled to receive benefits that compensate for wage loss. Some types of injuries, including a traumatic brain injury, long-term back or neck injury, or even carpal tunnel syndrome, can cause workers to lose their ability to work in the same capacity they were before. For example, a truck driver who has developed carpal tunnel syndrome from driving over the course of many years may still be eligible to work, but unable to continue driving. If the employer is unwilling to accommodate the driver by giving them a new role that doesn’t aggravate their injuries, that driver may be entitled to compensation for lost earning capacity. Similarly, if an employee sustains a brain or spinal injury on the job and is no longer able to work, that individual may also be able to receive workers’ compensation benefits including compensation for lost income. 

Filing for Workers’ Compensation

If you or a loved one has sustained a workplace injury that resulted in wage loss or reduced earning capacity, a workers’ compensation attorney can help guide you through the process of filing for benefits. The Workers' Compensation Commission of Illinois offers paperwork that can be filled out and filed detailing the injury and request for compensation. Then, an arbitrator from the court will listen to each party’s side and determine a decision on the case. If you feel that you were not awarded your rightful compensation or wage loss benefits, your attorney may file a court appeal to review the decision that was made. 

The statute of limitations for filing for workers’ compensation in Illinois is:

• Three years since the initial injury occurred or from the date the injury was found

• Two years from the last day of benefit payments 

Speak With a Wheaton Workers’ Compensation Lawyer 

At the Law Offices of David W. Clark, P.C., our Wheaton, Illinois attorney has over 20 years of experience working with clients who are seeking workplace injury compensation. Attorney David W. Clark fiercely advocates on behalf of his clients. Call us today at 630-665-5678 to schedule a free initial consultation. 

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68