Mike’s Quick Answer
It depends on medical restrictions, actual earnings, job demands, and available accommodations, but often a person can have a partial wage-loss or diminished-earning-capacity claim while still working. The analysis compares what the person probably would have earned without the injury with what the person can reasonably earn after it.
Returning to Work Does Not Answer Capacity
An employee may lose overtime, field assignments, lifting duties, travel, seniority opportunities, or advancement while keeping base pay. A business owner may work longer to produce less.
Temporary accommodation may mask the long-term problem. The employer's ability to continue modified work is not always guaranteed.
Connect Restrictions to the Job
A job description, physical-demand analysis, supervisor testimony, performance records, medical restrictions, functional testing, and vocational evidence may be needed. Generic statements that work is harder provide limited measurement.
The employee should accurately describe what is performed, avoided, delegated, or completed with pain without acting outside medical guidance.
Measure the Economic Difference
Compare hours, rate, overtime, bonuses, benefits, retirement contributions, advancement, and job security. Mitigation efforts and reasonable job searches may matter if employment changes.
Mike can help distinguish current wage loss from future earning capacity. Medical opinions belong to licensed providers, and vocational or economic experts may be needed.
Frequently Asked Questions
What if my employer keeps paying the same salary?
It depends on duration and future impact. Equal current pay may reduce present loss while leaving questions about overtime, advancement, accommodation, or long-term capacity.
Should I quit a job I cannot perform?
It depends on medical, employment, benefits, and legal considerations. Discuss restrictions and options with qualified professionals before making a decision that could affect health and mitigation.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.