Can You Recover For Lost Earning Capacity In California?
Recovering For Lost Earning Capacity In California
Many are aware that they can recover for medical bills and lost wages under a Workers’ Compensation claim in California. However, did you know that it is also possible to recover for lost earning capacity as well? In this blog we will explain the difference between “lost wages” and “lost earning capacity,” and explain how it may affect your California Workers’ Compensation claim.
If after reading the information below you still have questions regarding your claim, feel free to call Napolin Accident Injury Lawyer today to request your free case consultation with one of our experienced Workers’ Compensation attorneys.
Lost Earning Capacity vs. Lost Wages
In California, “lost wages” typically refers to earnings that you lost before a lawsuit began or before the effective date of a settlement agreement. For example, if a worker breaks their leg while working as a delivery driver and thus can no longer drive until they are recovered, that worker’s “lost wages” include their foregone income from the days they spent not working due to the injury.
On the other hand, “lost earning capacity” refers to the future earnings that an injured worker can no longer obtain due to their injury. If the above worker, after finding an attorney and filing a Workers’ Compensation claim, learns that they will not be able to work for at least a year, that worker’s “lost earning capacity” includes all of the wages that the worker would have earned for that year had they not been injured.
It is much easier to prove lost wages because they have already happened. In contrast, proving lost earning capacity is a greater challenge since it is much more difficult to quantify a loss that has not yet occurred.
What Does This Mean For My Claim?
If your lost earning capacity is provable, you may be able to recover for wages that you otherwise would have lost out on due to your workplace injury. The exact amount is usually the amount that the plaintiff would have earned without the injury minus the amount the plaintiff will actually earn given their injury. Income eligible to be counted for lost earning capacity can include:
- Commissions
- Overtime pay
- Salary
- Raises
- Vacation, personal and/or sick days
- Bonuses
- 401K or profit sharing contributions
- Lost employee benefits
Being able to prove lost earning capacity and subsequently earning a much fairer settlement will greatly help you recover from both the physical and mental stress of a workplace injury. However, due to the difficulty often associated with proving such claims, it is a good idea to have an accident injury attorney with proven experience in this field on your side.
By contacting a Workers Compensation attorney like Alexander Napolin, Esq., you can rest assured that pursuing your claim will be done in the most effective manner. The difference between obtaining a minimal settlement and a just settlement may very well be the quality of your representation.
Contact Alexander Napolin Today
When an employee injured on the job seeks the advice of an attorney, it is imperative that the lawyer advise them of the types of benefits that can be recovered under California Workers Compensation law. Many attorneys do not explain it properly, leaving the injured worker in the dark on what can be reasonably expected at the end of the lawsuit.
As a workers compensation lawyer, I always explain the categories of benefits that are possible to recover and how they differ from recovery in other types of lawsuits. For more information on Workers Compensation visit NapolinLaw.com or call Attorney Alexander Napolin at 909-325-6032.
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