Welcome to Workers Comp 101! This series helps everyone further understand the workers compensation laws in New York. If you have any additional questions feel free to reach out to our firm. We are more than happy to assist with your case.
Loss of Wage Earning Capacity
Loss of Wage Earning Capacity (LWEC) takes the claimant's medical permanent disability and vocational factors into consideration. This means that two claimants with the same degree of disability may have different LWEC based on their prior work history, education and Age. The point is to give a judge a clear picture as to the claimant's transferable skills and his ability to find post injury employment.
If the work related accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant's loss of wage earning capacity. The maximum number of weeks is set forth in statute as follows:
Visit our Schedule Loss of Use page to learn more.
**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**