# Thread: Loss of Earning Capacity

1. Junior Member
Join Date
Sep 2021
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## Loss of Earning Capacity

If injury was a non scheduled, And i reached MMI with a disability rating of 75% 75% gets 400 weeks . Does WC use your average salary prior to injury (\$1600) or do they use 2/3 of my pay like I was receiving when I was getting ttd

2. Senior Member
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Posts
5,264

## Re: Loss of Earning Capacity

Quoting Goose58
If injury was a non scheduled, And i reached MMI with a disability rating of 75% 75% gets 400 weeks . Does WC use your average salary prior to injury (\$1600) or do they use 2/3 of my pay like I was receiving when I was getting ttd
How was you "recieving" a pay hike "while collecting" TTD - you where off work?

They use the average salary prior to injury.

Tony

3. Senior Member
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Posts
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## Re: Loss of Earning Capacity

Quoting tony
How was you "recieving" a pay hike "while collecting" TTD - you where off work?

They use the average salary prior to injury.

Tony
Sounds like he is asking if the 400 weeks are on what \$ he was making before injury or based on the 66% that he gets from WC? Thats how Im reading it

4. Senior Member
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## Re: Loss of Earning Capacity

Quoting airdale
Sounds like he is asking if the 400 weeks are on what \$ he was making before injury or based on the 66% that he gets from WC? Thats how Im reading it
66% of pre injury wages isn't a pay hike.
Preinjury wages aren't a pay hike either - He was asking about a pay hike while receiving TTD

Tony

5. Junior Member
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Sep 2021
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## Re: Loss of Earning Capacity

My average weekly salary was \$1600 a week but when i was injured back in 2019, I received a cap of \$904 a week for TTD. My question is when they try to figure out my settlement after MMI of 75% of loss of earning capacity do they use to use the amount of money what i was making prior to injury or to the cap of \$904.74

6. Senior Member
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## Re: Loss of Earning Capacity

do they use to use the amount of money what i was making prior to injury or to the cap of \$904.74
The amount prior to injury.

Tony

7. Junior Member
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## Re: Loss of Earning Capacity

Thank you tony

8. Senior Member
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## Re: Loss of Earning Capacity

Two-thirds of the of the AWW prior to the jnjury
For injuries that happened between July 1, 2020 and June 30, 2021, the maximum is \$966.78 per week.

Nonscheduled Awards
If you have a permanent disability to your spine, head, organs, or another part of the body not listed on the schedule, you may receive permanent partial disability benefits. The amount of the payments will be two-thirds of the difference between your pre-injury average weekly wage and your current earning capacity (as determined based on your specific disability and state guidelines). The maximum number of weeks you'll receive these benefits will depend on the percentage of your lost earning capacity, according to a formula in New York law. For example, you'll receive benefits for no more than 500 weeks if you've lost 91% of your earning capacity, while a 15% loss of earning capacity will result in benefits for no more than 225 weeks.
https://www.nolo.com/legal-encyclope...-new-york.html

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