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If I Miss Time From Work Can I Be Compensated

18 Jul 2020

If you miss time from work you are entitled to potentially two different types of damages.


Lost Wages

We can calculate what your lost wages were because we know what you earn generally by an hourly rate, and we know how many hours you work per week, and we can multiply one against the other, and we can look at how many days you are out and multiply that number by that. And we can come to a number that we will represent as your lost wages.


Loss of Earning Capacity

If you have what we call loss of earning capacity, it’s an entirely different way of looking at your income. For example, if you are a manual laborer and all that you can do is dig ditches, but you have an injury that prohibits you from digging ditches, then now you are in a situation where you can no longer work in the field that you have always worked in, and you have what we call loss of earning capacity.

In those situations, it gets a little bit more complicated on how to figure out what the value of your loss of earning capacity claim is, because we’ll look over the course of your working life. If you’ll never get that earning capacity back, this is a lifelong issue. We’ll have to figure out exactly how much this accident has cost you, based on your loss of earning capacity. But the short answer to that question is, yes. You’re entitled to reimbursement for your lost wages, but you’re also entitled to reimbursement for your loss of earning capacity should you have an injury that takes you out of one occupation and into another occupation. And even if, in the loss of earning capacity claim, even if you go to a different job where you’re doing different things that are within your work restrictions now, you still can’t do that old job. Let’s say you’re making more money than you used to make at the old job. You’re making more money now doing computer processing or whatever it is that you’re doing at a desk instead of digging ditches. It doesn’t matter. You still have a loss of earning capacity, even though you are making more money now than you were making before.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
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a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
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a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
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2 year ago
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