Loss of Wage Earning Capacity
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Buffalo Workers Comp Attorney Jerry A. Gambino discusses the benefit cap on workers compensation claims, also known as Loss of Wage Earning Capacity. If you were injured at work and have questions about whether you will be compensated for your loss of wage earning capacity, please contact us to schedule a consultation. We will fight to get the compensation you deserve.
Loss of wage-earning capacity is determined at the end of a case where a person is found to have a permanent disability. Usually, it’s a permanent partial disability, but it can be a permanent total disability. There are different factors that determine the LWEC. The LWEC is determined not only by your injury and your disability in terms of the degree of disability, but other factors also include your age, your education, other vocational factors, in addition to possible special licenses you might have. A VDF-1 form is required to be filled out before the testimony takes place. After all those questions are answered under oath, and taking the claimant’s testimony, along with the doctor’s deposition, the worker’s compensation law judge will make a determination of what he or she finds that person’s overall loss of wage-earning capacity will be.
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