When you sustain a work injury or develop an occupational disease that limits but does not totally prevent your work activity, you may be entitled to benefits related to your reduced earning capacity.
This workers’ compensation benefit is not uncommon in claims. But what is it? And does it matter in your case? Here is what to know:
When you cannot return to full capacity
Many injured workers return to their usual work duties and hours after treatment for a work-related injury or illness, but others don’t. Despite being able to return to work, you may be unable to perform your duties as you did even after maximum medical improvement (MMI) is reached.
Before you can claim this benefit, your treating doctor will send your claims administrator a report telling them you have a permanent disability that affects your ability to work. They will specify the medical problem you have, the tasks you can and can’t do and the medical care you may need in the future. They will also state the changes to be made in your work schedule or assignments to help with your recovery.
How is it calculated?
Different factors are considered when calculating loss of earning capacity. These include what you are capable of earning now compared to what you could have earned without the permanent disability that you’ve acquired as a result of your work activity. The difference may be what you are due through workers’ compensation.
If you disagree with the report provided by your treating doctor or you believe your employer’s insurer is unfair, seek legal guidance to fight for your rights.
