If you are injured at work and this injury permanently prevents you from earning as much as you did prior to the injury, you have two potential remedies. First, if your permanent restrictions prevent you from earning at least 90% of your pre-disability wages, you may seek to be retrained. For more information on retraining claims, please see my previous post on that subject.

Additionally, if your loss of earning capacity is related to an injury to your back, neck, or head, then you may be entitled to an additional benefit under Wisconsin’s Worker’s Compensation Statutes. These benefits are intended to provide payment for your lost wages both now and into the future. In determining these benefits, a vocational rehabilitation expert will review your age, work history, transferable work skills, and medical restrictions. Based on this information, the vocational expert will determine if a job market exists for you and to what extent you have lost the ability to earn money due to your work injury. Loss of earning capacity benefits can significantly increase your worker’s compensation recovery and provide the financial assistance that you and your family will need.

Much like retraining benefits, most worker’s compensation insurance companies will not inform you of your rights to loss of earning capacity benefits. Securing these benefits typically requires the assistance of an attorney who understands Wisconsin’s worker’s compensation law and will fight for your rights. If you believe that your work injury has impacted your ability to earn money, please contact Hawks Quindel’s experienced worker’s compensation attorneys for a free consultation.

Bill Parsons

Family & Divorce

Labor Law

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