Today I am going to talk about some special legal issues that come up in cases where an older worker is hurt on the job.
The first issue is the effect that the age of an injured worker has in assessing how much money they should receive. The first part of the answer is that age is not a factor if a worker has an injury to a scheduled body part such as an arm, hand, finger, leg, foot or toe. However, if an older worker has an injury to an unscheduled body part such as a neck, shoulder, back or hip, then age becomes an important factor. See here for a longer discussion about the difference between scheduled and unscheduled injuries.
If the older worker has an unscheduled injury then figuring out how much compensation should be paid requires analyzing the effect of the injury on the worker’s earning capacity. The factors that are generally assessed in determining the loss of earning capacity from the injury are: