After clear liability is fully established in an injury case, the emphasis of the client’s ability to continue working or working at the same job and their ability to earn money should take precedence.

The questions the attorney must ask themselves when they need an Earning Capacity Evaluation are:

  1. How do the client’s injuries affect their ability to work?
  2. Will the client’s ability to earn income be affected secondary to impairments and disabilities sustained in the accident?
  3. Can the client work at all, or what job modifications will need to take place for them to stay employed and continue to earn income?
  4. How much do the jobs that the client can perform pay?

An Employability and Earning Capacity Evaluation consists of a Functional Capacity Evaluation to determine their functional abilities by evaluating both fine and gross motor skills. Then, a vocational interview is performed to determine transferable skills and vocational type testing which will determine the injured persons employability and overall earning capacity.

These tests are needed when an individual has a partial loss or a permanent total loss of earning capacity due to their impairments and disabilities.