---
kind: "section"
citation: "5 U.S.C. § 8115"
title: "5"
title_heading: "Government Organization and Employees"
number: "8115"
heading: "Determination of wage-earning capacity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8115"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8115. Determination of wage-earning capacity

- (a) In determining [compensation](/usc/5/8101.md?p=12) for partial disability, except permanent partial disability compensable under sections 8107–8109 of this title, the wage-earning capacity of an [employee](/usc/5/8101.md?p=1) is determined by his actual [earnings](/usc/5/8401.md?p=10) if his actual [earnings](/usc/5/8401.md?p=10) fairly and reasonably represent his wage-earning capacity. If the actual [earnings](/usc/5/8401.md?p=10) of the [employee](/usc/5/8101.md?p=1) do not fairly and reasonably represent his wage-earning capacity or if the [employee](/usc/5/8101.md?p=1) has no actual [earnings](/usc/5/8401.md?p=10), his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—
  - (1) the nature of his [injury](/usc/5/8101.md?p=5);
  - (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](/usc/5/8114.md?p=d) is applicable in determining the wage-earning capacity of an [employee](/usc/5/8101.md?p=1) after the beginning of partial disability.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes 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.