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Compensation Guide

What if I cannot do the same job anymore?

ATTORNEY REVIEWED

Reviewed by Andrew (Andy) R. Gillin

California State Bar #45226 ↗ · Approval recorded November 4, 2026

How we record review approval
THE SHORT ANSWER

A claim may cover harm to your ability to earn money later. This is different from pay you already lost.

Sources: [1][2]
In this guide

Here’s an example

IMAGINE THIS

A person hurts their hand. They can no longer do the skilled work they did before.

A made-up example to explain the idea. Your facts may lead to a different answer.

How the rule works

A lasting loss of earning capacity looks ahead. It asks how the injury affects the work you can do and income you can earn. Past wages may help, but they are not the only facts.

Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 3903D — Lost earning capacity (2026 edition)

What can change the answer?

The proof must show how the injury limits your work. Your skills, recovery, and other jobs you could do may matter. A job change alone does not set the amount.

THE CASE LAW

Court decisions behind this answer

A case can help explain a rule. Its facts and limits matter too.

Licudine v. Cedars-Sinai Medical Center

California Court of Appeal · 2016
3 Cal.App.5th 881, slip op., pp. 1–2

Lost future earnings need proof of what the person likely could have earned. A hoped-for job is not enough by itself.

What to keep in mind

The amount cannot rest on a guess. The likely work and pay need a sound basis in the proof.

Case applicability reviewed as recorded above.

A useful next step

Save any work limits your doctor gives you. Write down which job tasks you can no longer do.

If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.

CHECK THE SOURCE

The law behind this guide

The references below support the legal discussion. Their application depends on the facts.

  1. Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
  2. CACI No. 3903D — Lost earning capacity (2026 edition) ↗Jury instructions · Review recorded above
  3. Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881 ↗Case law · Review recorded above

Updated 2026-11-04. Read our editorial standards.

This is general information, not legal advice. It does not decide whether you have a claim. Important exceptions and deadlines may apply.
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