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.

  • Caps is a term used in workers compensation for all neck, back, head injuries incurred after March of 2007. Typically, you will not continue to get weekly benefits for permanent injuries indefinitely.
  • Upon a finding of permanency, a loss of wage earning capacity is determined based on age, abilities, disability, type of work done, education, and training. A judge determines the percentage of loss of wage earning capacity.
  • Workers’ comp law contains a chart that sets forth the remaining weeks for which you will receive benefits based on your percentage of loss of wage earning capacity. For injuries sustained before March 2007, we didn’t have to worry about caps or the number of weeks for which an injured person would receive benefits.
  • A caps makes it essential for an injured person to retain a lawyer to deal with the loss of wage earning capacity process for their workers compensation case.

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