If you are not toally disabled, then you must be partially disabled. That is how the workers compensation laws work. It is one or the other.The percent of your diability is based on the percent of loss in earning power.
What is earning power? Earning power is determined what the work that is available that you are able to perform. It can also be determined by a labor market survey showing the wages for work you are able to perform. It could also be determined by returning to work to a job where you can not work full hours or by job performance that results in less paid earnings pre-injury. But just because you earn less does not mean you are partially disabled. The question is one of your capacity to make as much money, not whether you are actually making as much. It's tricky, so consider asking one of our attorneys to review you claim to determine what you are entitled to.
