The Workers’ Compensation Law is intended to be a wage replacement statute. That is, to compensate you for a loss of wages suffered as a result of a work injury. Many times, injured workers are able to return to work after an injury but are unable to return to work in the same capacity as their at-injury position. Some return in a light duty capacity for their employer, while others are forced to seek other employment altogether. Whatever the circumstances, this often results in a reduction in earnings.
The Workers’ Compensation Law provides for “Reduced Earnings." That is, if you return to work after an injury and suffer a reduction in earnings as a result of the injury, you are entitled to collect two-thirds of the difference in Workers’ Compensation benefits.
For example, if your Average Weekly Wage at the time of your injury is $1,000.00 and you are only able to return to work in a part-time capacity earning $500.00, your Workers’ Compensation benefit will be $333.33.
To qualify for Reduced Earnings, you must provide a paystub reflecting the reduction in your earnings, as well as a medical report providing restrictions or limiting your work ability.
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