Proving lost earning capacity in a worker’s compensation case in California can be a complex process that may require the assistance of a legal professional. However, here are some steps that you can take to help demonstrate your lost earning capacity:
- Gather documentation: Collect any documentation that can support your claim, such as medical records, pay stubs, tax returns, and any other relevant documents that can help establish your pre-injury earnings.
- Get a vocational evaluation: You may need to obtain a vocational evaluation from a qualified vocational expert who can assess your physical limitations and job skills to determine how your injury has affected your ability to work and earn a living.
- Consider the factors that may impact your earning capacity: There are many factors that can affect your earning capacity, including your age, education, work history, and the job market in your area. You will need to consider all of these factors when making your claim for lost earning capacity.
- Calculate your lost earning capacity: Once you have gathered all of the necessary information, you can use a formula to calculate your lost earning capacity. This may involve comparing your pre-injury earnings to your post-injury earnings, factoring in any potential future earnings, and accounting for inflation.
- Present your case: Once you have calculated your lost earning capacity, you will need to present your case to the workers’ compensation judge. This may involve testifying in court and presenting evidence to support your claim.
It is important to note that the process for proving lost earning capacity in a worker’s compensation case can be complex, and it may be in your best interest to seek the advice of a qualified attorney who can guide you through the process and help you maximize your potential recovery.