Can You Claim Lost Earning Capacity After Being Injured at Work in Illinois?

 Posted on May 20, 2021 in Workers' Compensation

Any kind of accident carries the possibility of changing your life forever. In some cases, an injury may be so severe that it takes years to heal. At times, an injury could even become permanent and chronic, condemning you will live with it for the rest of your life. It is not uncommon for an injured worker to no longer be able to perform the work they once did. Many times, this can cause them to earn less than what they used to earn, which can place unfair financial stress on their family. If you were injured at work and have lost wage earning capacity, you may be able to claim those losses in a workers’ compensation claim.

What Is Lost Earning Capacity?

Many people use the term “lost earning capacity” and “lost income” interchangeably or to mean the same thing. However, they actually mean two different things. Lost wages or income refer to the money that you have lost between the time you were injured and the present. Lost earning capacity refers to a partial or total loss of the amount of income you earned prior to becoming injured.

Lost earning capacity can be difficult to calculate because there are many different factors that go into that calculation. These factors can include:

• Your health condition prior to your injury
• Your current health condition
• The nature of your injury
• Your work experience
• Your age and educational attainment
• Your ability to perform other work
• Your earnings before and after your injury
• The nature of your impairment due to your injury

Proving Lost Earning Capacity

Proving the amount that you are losing your ability to earn is more difficult than proving the amount that you have lost because of your injury. There are various ways you could perform the calculation, which could be disputed by some. Usually, if the amount of lost earning capacity is disputed, you can help prove your case by using an expert medical witness to testify as to the nature of your injury. You can also help paint the picture by gathering information about past earnings, your work history, your educational background and comparing that to the current and projected job market in your field.

Speak to a Wheaton, IL Workers’ Compensation Lawyer

If you have been injured at work, your injury should be covered under workers’ compensation. However, things do not always go as smoothly as they should. If you are having trouble claiming compensation for a work injury, you should speak with a DuPage County workers’ compensation attorney. At the Law Offices of David W. Clark, P.C., we can help you recover many different types of compensation, including lost earning capacity. Call our office today at 630-665-5678 to schedule a free consultation.

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/30.00.pdf