Can You Recover Compensation for Lost Future Earning Capacity?

A serious injury may not just cost you today’s paycheck. It can shrink what you’re able to earn for years to come, too. If you can no longer do the job you trained for after an accident, that lost income can add up fast, and Illinois law recognizes that reality.

To claim this type of compensation, you generally need to show:

• A permanent limit on your ability to work, not just a temporary setback
• A clear connection between your injury and your reduced earning power
• Strong evidence, such as medical records and vocational assessments
• Compelling personal and career factors, like your age, skills, and pre-injury income

At Saks, Robinson & Rittenberg, Ltd., our dedicated attorneys have fought for injured workers and individuals across Cook County for more than 40 years. We can help you understand what you need to know about recovering compensation for lost future earning capacity.

How Is Future Earning Capacity Different From Past Wages?

Past lost wages cover the income you already missed while recovering, providing for you during that specific non-working period. Future earning capacity looks ahead. It measures the money you’re likely to lose because your injury now limits what you can earn going forward.

For example, an electrician who can no longer climb or lift may only be able to take a lower-paying desk job after recovering. This lowered future earning capacity and career shift will likely be a substantial factor in his personal injury or workers’ comp case.

Which Injuries May Permanently Limit Your Ability to Work?

Some injuries heal fully. Others leave lasting restrictions that impact your career or change it for good. Injuries that often affect future earning capacity include:

• Amputations or loss of limbs
• Paralysis and spinal cord damage
• Traumatic brain injuries
• Vision or hearing loss

When an injury limits the activities you are able to complete or the jobs you are eligible for, loss of future earning potential should be considered as part of the compensation in your case.

What Evidence Helps Prove Future Income Loss?

Insurers rarely pay for future losses without a fight. Solid proof is what can make the difference. Helpful evidence often includes:

• Medical records showing your permanent restrictions
• Doctors’ opinions on your long-term prognosis
• Vocational assessments measuring your ability to work
• Wage and employment history documenting your earnings
• Expert testimony projecting your future losses

An experienced injury attorney can work with medical experts and investigators to build a clear, persuasive case that compares your previous career trajectory to your current prospects.

Which Personal and Career Factors Affect the Amount of Compensation?

No two claims are the same, so the value of your future earning loss will depend on your unique situation. Key factors may include:

• Your age and years left in the workforce
• Your skills, education, and training
• Your income before the injury
• How much your earning ability dropped after the injury
• Whether retraining for a new role is realistic

A younger worker with a specialized trade, for instance, may be considered to face larger lifetime losses than someone near retirement.

Protect Your Future Earnings With Legal Assistance

A permanent injury can reshape an individual’s career and financial security. When this happens, Illinois law gives injured workers rights to compensation for lost future earning capacity, and the right legal team can help you pursue every dollar you’re owed.

The team at Saks, Robinson & Rittenberg, Ltd. is ready to evaluate your situation, gather the evidence, and fight for your full benefits. There are no upfront costs, and you pay nothing unless we win. Contact us today to speak with an experienced attorney.