What is Wage Differential and Are You Eligible?

Posted on October 17th, 2017 by Bradley Dworkin

There are many terms thrown around within any type of specialized law. One term that may be heard at a Workers’ Compensation firm is “Wage Differential.” While not all that are injured are eligible for wage differential, it’s still important to know the requirements, especially if you have worked in the same career for a long period of time.

Wage differential can be for someone who has a permanent medical restriction. This means they will never recover fully from injuries incurred while working, and these injuries impose limitations that would not allow the client to continue working within their same field.

An example of this would be a skilled carpenter who, due to injury while working, can no longer lift heavy items. As lifting heavy materials is a central part of the job, this person would no longer be able to continue in his current profession. If the client has been a carpenter for the majority of his professional career and has no other applicable work experiences, his chances of finding another position with similar pay is unlikely.

When situations like this, or comparable situations occur, the injured person is a candidate for wage differential. If an attorney pursues this successfully, the client receives 2/3s of what they would be making at their previous job. In other words, if when the original injury occurred the carpenter’s salary was $90k, and two years later, when the case finally comes to a conclusion, he would have been making $95k, then the 2/3s would apply to the latter amount. This amount would be in addition to whatever the person makes in their new career, which would help supplement their yearly salary, since their new position does not may as much as their previous one.

If you’ve suffered an injury at work and want to know what your case might be worth, don’t hesitate to contact our firm. We also offer free case assessments. We can be reached by calling 1-800-HurtNow.

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