In plain words: in a permanent-disability claim, the key question is not just 'how injured are you?' but 'how much has the injury reduced your ability to earn a living?' That is what drives the compensation.
Physical vs functional disability
A doctor may certify, say, 40% permanent physical disability of a limb. But the law looks at functional disability — how that injury affects this claimant's actual work. A hand injury may end a manual labourer's livelihood (high functional loss) while affecting an office worker less. Tribunals assess the real-world impact, not just the certificate.
How the loss of earning capacity is computed
Once the loss of earning capacity (as a percentage) is fixed, the Tribunal applies the familiar structure: income, an addition for future prospects, and an age-based multiplier — then takes the disability percentage of that figure as the loss of future earning. A higher functional disability and a younger claimant mean a larger award.
What else an injured claimant can recover
- Medical expenses — hospitalisation, surgery, implants, medicines, and future medical care.
- Attendant charges — the cost of care where the disability needs assistance.
- Loss of income during treatment and convalescence.
- Pain, suffering and loss of amenities — for the reduced quality of life.
- Special aids — prosthetics, wheelchair, or home/vehicle modification.
Evidence that strengthens the claim
A proper disability certificate from a medical board, treating-doctor testimony, the nature of the claimant's occupation, and proof of income all matter. Where the injury clearly ends a particular livelihood, say so and prove it — the functional-loss argument is often worth far more than the bare certificate percentage.
Frequently asked questions
My certificate says 30% — is my compensation based on that? Not necessarily. The Tribunal can assess functional disability higher or lower depending on your work.
Can I claim for future surgeries? Yes — anticipated future medical costs can be claimed with medical evidence.
What if I returned to a lower-paying job? The drop in earning capacity is itself compensable.
How Vakil Help Desk helps
Vakil Help Desk builds strong permanent-disability claims — securing the right disability assessment, proving the real impact on your livelihood, and claiming future treatment and care. If an accident has left you with a lasting disability, we can help you claim what that loss truly costs.
This article is for general legal awareness, not individual legal advice. Compensation depends on the facts, the evidence and the law as applied by the Tribunal, and figures are revised over time. Please consult a lawyer before acting.