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Title 5, Government Organization and EmployeesRelease 119-102

§8115 Determination of Wage-earning Capacity

Title 5 › PART III — EMPLOYEES › Subpart G — Insurance and Annuities › CHAPTER 81 — COMPENSATION FOR WORK INJURIES › SUBCHAPTER I — GENERALLY › § 8115

Last updated Aug 21, 2026|Official source

Summary

Figures out how much to pay a worker for a partial disability, except for some permanent partial disability handled by other rules. If the worker’s current pay fairly shows what they can earn, use that pay. If not, or if they have no pay, set a fair earning level by looking at seven things: the injury, how much the body is impaired, their usual job, their age, their skills for other work, whether suitable jobs are available, and any other facts that affect what they can earn. A separate rule about measuring earnings after partial disability starts also applies.

Full Legal Text

Title 5, §8115

Government Organization and Employees, Source: USLM XML via OLRC

(a)In determining compensation for partial disability, except permanent partial disability compensable under section 8107–8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—
(1)the nature of his injury;
(2)the degree of physical impairment;
(3)his usual employment;
(4)his age;
(5)his qualifications for other employment;
(6)the availability of suitable employment; and
(7)other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
(b)section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 763.Sept. 7, 1916, ch. 458, § 13, 39 Stat. 746. Oct. 14, 1949, ch. 691, § 204, 63 Stat. 864. Sept. 13, 1960, Pub. L. 86–767, § 204, 74 Stat. 908. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8115

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102