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Question about "loss of earning capacity"...
01-25-2011, 09:11 PM (This post was last modified: 01-25-2011 10:29 PM by cynatnite.)
Post: #1
Question about "loss of earning capacity"...
So after we panicked, we got more information and things are a bit clearer. It seems that we're not as finished with this whole thing as we thought we were. In fact, we're far from it.

The husband does have permament work restrictions with his knee. He also had a back issue and the attorney advised us that we still need to get a final word from the physician. The physician won't until we get a final word from the foot specialist which we thought was a nonissue. After that, the physician will give a whole body rating.

The attorney explained that a vocational counselor is the next step. I think he said that will determine whether there is retraining or a loss of earning capacity if he is unable to get a job at his previous earnings.

I don't fully understand the whole "loss of earning capacity" and how that is figured. If anyone has some info on that, I'd love it.

We really believed this was a fairly simple case from the outset and he would be back at work. Finding out that it probably won't happen has been rather unsettling to say the least. Hopefully, we'll eventually be able to put this behind us without taking a huge financial hit.

Thanks for the great helpSmile

on edit: I forgot to add that this is Nebraska. Sorry 'bout that.
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01-25-2011, 11:23 PM
Post: #2
RE: Question about "loss of earning capacity"...
oh your gonna take a huge finacial hit how hard is up to you....if you start now you may save alot down the way....decide what is and what isnt important to you....ie do you really need all the movie channels on the cable?you you really need the fancy cell phones and really a new car? now? and if you think I am kidding I am not....some have come on here thinking they have hit the jackpot by getting hurt on the job and are now set for life........Really cut everywhere you can for now and do the best you can to save all you can.....dont buy anything you dont need....and you arent settled till that check has cleared your bank

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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01-26-2011, 12:58 AM (This post was last modified: 01-26-2011 01:00 AM by 1171.)
Post: #3
RE: Question about "loss of earning capacity"...
http://www.wcc.ne.gov/vr/loss_of_earning...100407.pdf

ps you can put your state in your profile so any responder can check before replying.
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01-26-2011, 12:38 PM
Post: #4
RE: Question about "loss of earning capacity"...
(01-26-2011 12:58 AM)1171 Wrote:  http://www.wcc.ne.gov/vr/loss_of_earning...100407.pdf

ps you can put your state in your profile so any responder can check before replying.

That was good info you gave us.

Profile is updated.

ThanksSmile
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01-26-2011, 12:41 PM
Post: #5
RE: Question about "loss of earning capacity"...
What I think they are talking about when they say loss of earning capacity is if he gets a job making less then he did they will figure out that loss for settlement. Doesn't mean that for the rest of his life they will pay that it's just something they will figure out. If you work with a vocational counselor his job is to look at what he has done on the past and what he will be able to do in the future. The goal is to find him a job making as much as he did before. But remember he doesn't care what type of job you may want to do his goal is to get you back to making as much as he can. Hope that helps
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01-26-2011, 01:07 PM
Post: #6
RE: Question about "loss of earning capacity"...
(01-25-2011 11:23 PM)jayne Wrote:  oh your gonna take a huge finacial hit how hard is up to you....if you start now you may save alot down the way....decide what is and what isnt important to you....ie do you really need all the movie channels on the cable?you you really need the fancy cell phones and really a new car? now? and if you think I am kidding I am not....some have come on here thinking they have hit the jackpot by getting hurt on the job and are now set for life........Really cut everywhere you can for now and do the best you can to save all you can.....dont buy anything you dont need....and you arent settled till that check has cleared your bank

We've had to make major adjustments to our financial habits as it is. I'm currently in school and won't finish that until November. Much of the changes have been making sure I can continue to go to college. Our lifestyle is nothing like it was before. My husband's injury and the lower income have insured that.

Living frugally has become the new normal. As long as we have enough income to meet our basic needs for the next several months, I can finish school, find a decent paying job, and we can breathe a little bit. That's really all I ask for. Anything extra we get, I'll consider fortunate.
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01-26-2011, 06:38 PM
Post: #7
RE: Question about "loss of earning capacity"...
Very well said...it will get you thru

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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