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Q. What if I am able to work after my workers’ compensation injury, but my earnings are significantly less than before my injury?

A. If you return to a job paying significantly less wages than pre-accident wages, you may be entitled to 66 2/3% of the wage differential. Since NC Law is based on actual earning capacity, a loss of ability to make money might be compensable. Claims based on lower earning capacity are difficult to prove and quantify. Most successful claims under this theory of WC Law require testimony from experts in the field of vocational analysis and labor markets.