Returning to work after a serious injury can feel like an important milestone. It may also create the impression that the injury’s financial consequences are largely over. If the person is earning a paycheck again, what income is left to recover?
The answer may be more complicated than it appears. A serious injury can permanently change the type of work someone can perform, the hours they can tolerate, or the opportunities available for the rest of their career. In a Texas personal injury claim, those long-term effects may raise questions about lost earning capacity, even when the injured person has returned to work.
Lost Wages and Lost Earning Capacity Are Not the Same
Lost wages generally focus on income a person actually missed while recovering from an injury. For example, someone who spends four months away from work may have four months of lost earnings that can be documented through payroll records and employment information.
Lost earning capacity looks beyond that immediate period. It considers how the injury has affected the person’s ability to earn income in the future.
Someone may return to work but no longer be able to:
Perform physically demanding tasks required by their former occupation.
Work overtime or extended shifts.
Travel or drive as frequently as the job requires.
Pursue promotions that involve greater physical demands.
Maintain certifications or qualifications necessary for a particular career.
Continue working in the same field until your anticipated retirement age.
A paycheck after an accident doesn’t tell the whole story.
What If You Are Earning the Same Amount Right Now?
Current earnings are relevant, but they don’t automatically show what the injury may cost over an entire career.
Consider an experienced refinery worker who suffers a serious spinal injury. After rehabilitation, the worker returns to the company in a less physically demanding position at approximately the same salary. On paper, there may appear to be little financial loss.
But what happens if the new position offers less overtime? What if advancement opportunities are limited? What if physical restrictions make it unlikely the worker can remain employed in the industry for another 15 or 20 years?
You can’t simply guess future losses. Establishing diminished earning capacity may require a detailed look at the injured person’s work history and what their career reasonably could have looked like without the injury.
Relevant evidence may include employment and wage records, education, professional training, licenses, certifications, previous promotions, overtime history, medical restrictions, and the physical requirements of the person’s occupation.
In serious cases, vocational and economic experts may also evaluate available employment, future earning potential, career progression, and the financial effect of permanent limitations.
The analysis is highly individual. A hand injury may affect a surgeon differently than an office worker. A spinal injury could have particularly significant consequences for someone whose career depends on lifting, climbing, driving, operating heavy machinery, or performing other physical work.
Returning to Work Does Not Erase a Serious Injury
Getting back to work can be an important part of rebuilding life after an accident. It should not, however, cause you to overlook the long-term economic effects of an injury.
Before resolving a serious Texas personal injury claim, you must understand not only what the injury has already cost, but what it could mean for your ability to earn a living years into the future.
The Houston personal injury attorneys at Hollingsworth Law Firm represent people whose injuries have changed their careers, earning potential, and financial futures. Contact us today at 713-637-4560 or online to schedule a free consultation and learn more about your legal options.
About The Author
Steve Hollingsworth
Steve Hollingsworth is a seasoned trial attorney with extensive experience across Texas. After beginning his career as a felony prosecutor, Steve went on to represent major insurance companies before focusing on helping individuals injured in car, motorcycle, trucking accidents, and premises liability cases. Founder of his own firm, Steve is committed to providing personalized, client-focused legal representation to ensure justice for those he serves.
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Worker killed when he fell from height on a construction site.
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Man broadsided in an automobile accident when a lady ran a red light.
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Pedestrian was struck while walking by rideshare, suffered from multiple fractures.
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Our client suffered severe arm injuries from a head on collision with a drunk driver.
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Construction worker shattered his knee when he fell into an unmarked elevator shaft
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Our client suffered from a gunshot to the abdomen caused by unsafe handling of firearms.
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Our client and his family members were rear-ended by an 18-wheeler in Columbus, Texas.
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Our client was struck by a commercial vehicle, causing severe damages to him and his car.
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Our client was rear-ended by a negligent tow truck, causing injuries that necessitated a back surgery.
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Workplace injury at grocery store, our client suffered from severe injuries from a fall.
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Our client was struck on the driver’s side of the vehicle by a commercial truck, the negligent driver fled the scene after the accident.
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Our client was rear-ended by another driver, causing damages to her neck, back, shoulders and leg.
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Our client was rear ended by a negligent driver of a commercial vehicle.
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Woman injured when a commercial truck sideswiped her.
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Woman fell on wet floor at Wal-Mart and shattered knee cap.
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Man injured when he was rear-ended by an oil field services truck.
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Refinery worker received 3rd degree burns over approximately 30% of her body due to a flash fire at an oil refinery.
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Testimonials
Awesome Attorney
I was a client of Steve Hollingsworth. I was totally satisfied with his representation of me. He was very helpful in answering all my questions and always kept me updated on the status of my case. I am very happy with the settlement of the case and would highly recommend him to anyone looking for legal advice.
Rossana Former Client
Houston’s Best Consultation!
Steve was just great! Very easy to work with, communicates really well and most importantly sets realistic expectations. He is very straightforward and promptly responds to all your questions. I would definitely recommend Steve and would not hesitate to hire him in the future.
Anonymous Former Client
Very Accommodating and Caring
Steve and his assistant Kristina takes care of all my requests right away. Steve personally calls on issues and keeps me updated on the developments of the case. Got me a great settlement! Would highly recommend!
Mila G. Former Client
Rear End Case
Mr. Hollingsworth was an excellent lawyer in my case. He kept me up to date and informed through the whole process. He was always honest and fought hard in my case. He comes highly recommend.
Anonymous Former Client
Awesome!!!!!
I have no complaints; Steve did a very good job on explaining the details on everything that I was going through with my case. Steve got my case settled in no time, I will sure spread the word about Steve he is a very great lawyer.
Sara Former Client
Review
I liked how Steve explained everything, so I knew what I was getting in to. Steve got me what I deserved in no time. I would recommend him to anyone.
Andrew Former Client
Steven and I attended law school together and I have known him since 2000. He was stellar in representing a close friend with a personal injury matter. I have been very impressed with his communication, dedication and thoroughness in representation.
Pamela V. Attorney from Cypress, TX
Steve is the real deal! He is an extremely invaluable resource on all things Litigation for me as a younger attorney. He is not only great a securing the bigger verdicts, but actually cares about the clients and still sticks by his tried and true method of meeting, in person, with his clients to go over facts .
overall, a solid attorney, with a wealth of knowledge!
Crystal H. Attorney from Houston, TX
Steve and I were colleagues, where we worked on complex personal injury and wrongful death cases. What I observed in the years we worked together is that Steve is not only extremely skillful in his profession, but he is a tireless student of the law, constantly working to perfect the art of practicing law.
He genuinely cares about his clients and their cases and it shows. He has excellent work ethic. He is not only a terrific lawyer but also a great person. As a fellow member of the State Bar of Texas, I would recommend Steve to anyone needing a zealous advocate in a personal injury case.
Vivian E. Attorney from San Antonio, TX
After working with Steve for a couple of years, I found Steve to be an outstanding, aggressive and highly skilled lawyer in the courtroom. His confidence and knowledge of the courtroom and what it takes to succeed there, I believe will ensure his long term prosperity.
Robin T. Attorney from College Station, TX
I had the pleasure of working on a trial with Steven last August. His background as an ADA is clearly evident in the courtroom. Steven’s presentation of the evidence throughout trial is that of a seasoned attorney who has spent many hours in front of a jury.
His opening/closings were excellent, as well as his strategic litigating throughout the trial. Steven is a consummate professional and a pleasure to work with, and watch in the courtroom.
James H. From Miami, FL
When I met Steve, I was a legal assistant at a Plaintiff’s firm and he was working as an attorney for AIG. We connected there and then. Steve is a likable guy and an outstanding trial lawyer. He is charismatic and jurors like him.
He is a Plaintiff’s lawyer now and he has the right skill set to represent injured individuals: he is compassionate, honest, and sincere and will go the extra mile for his clients. I’ve known Steve for almost 8 years now and I’m excited to see his career evolve.
Alice L. Attorney in Houston, TX
Professional and Thorough
I used Steve Hollingsworth for a personal injury case following a car accident. He was very easy to work with and managed my expectations regarding costs, time commitment/duration, filing suit etc. Steve kept me informed during the process and always made sure I understand what everything meant.
My case took about 18 months to resolve, ending in mediation after filing suit and he pushed hard to make sure my best interest was represented and to ensure that I had the best possible (and fair) outcome.
I hope I never have a personal injury claim again but if I do, I would absolutely consult with Steve. He exceeded my expectations and made the process as painless as possible. I would high recommend him.
Jessie Former Client
About Hollingsworth Law Firm
Our aggressive personal injury trial attorneys at the Hollingsworth Law Firm are committed to fighting for the compensation you deserve. If you are the victim of an automobile accident, airplane accident, workplace injury or other catastrophic injury, you need legal advice from a personal injury attorney with proven results you can trust. Our dedicated legal team is proud to represent clients across the state of Texas. WE WILL START FIGHTING FOR YOUR RIGHTS TODAY!
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