If the injured worker (IW) is under 18 years old and has a permanent disability, how are earnings for purposes of benefits determined?

• A. Current earnings at time of disability
• B. Average earnings prior to injury
• C. His probable earnings at age 18
• D. Maximum possible earnings

Answer: (C)

When a worker is under 18 and has a permanent disability, benefits are based on the earnings they are likely to achieve when they reach adulthood. In practice, the calculation uses the probable earnings at age 18, not what they earn right now or what they earned before the injury. This standardizes long-term earning capacity for a minor and reflects the wage potential they would realistically have as an adult with the disability.

Using current earnings would capture a temporary situation, which doesn’t represent future capacity. Relying on pre-injury average earnings doesn’t account for the impact of the disability on future work. And aiming for the maximum possible earnings is too speculative. So, the fairest and most consistent measure is the probable earnings at age 18.