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Courses/Personal, Property & Family Law/Personal Injury & Tort Law

Back to Work Doesn’t Mean Back to Whole: Hidden Lost Earnings in Personal Injury Cases

Uncovering significant economic damages when your plaintiff is still working.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Sep 30, 2026
Back to Work Doesn’t Mean Back to Whole: Hidden Lost Earnings in Personal Injury Cases

What You'll Learn

check_circleDistinguish between chronological earnings and economic earning capacity in personal injury cases
check_circleIdentify hidden losses in fringe benefits and retirement packages for union and government employees
check_circleApply economic methodologies to quantify lost career advancement opportunities
check_circleEvaluate the admissibility and calculation of damages for undocumented workers
check_circleDetermine the necessary documentation to support economic expert testimony

About This Course

Returning to work doesn't always erase lost earnings. This CLE covers scenarios like reduced hours, diminished productivity, loss of benefits, career disruption, and shows how to uncover economic damages often overlooked.

The course examines the economic analysis of lost earnings in personal injury litigation, specifically focusing on cases where the plaintiff has returned to work or remains employed. It addresses the distinction between chronological earnings and economic earning capacity, highlighting how to identify losses in fringe benefits, career advancement opportunities, and retirement plans.

The material covers the evaluation of various employment types, including union, government, and self-employed workers, as well as the specific considerations for undocumented workers. It provides guidance on the documentation required to substantiate these claims and the role of expert testimony in establishing damages.

Topics Covered:

  • Economic earning capacity analysis
  • Union fringe benefit valuation
  • Career advancement and promotion trajectories
  • Documentation for lost earnings claims
  • Economic damages for undocumented workers
  • Impact of benevolent employer accommodations
  • Social Security retirement benefit losses
  • Benchmark statistical wage data

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Kristin  Kucsma
Kristin Kucsma

Principal of SobelCo. and Chief Economist of the Sobel Tinari Economics Group

Kristin Kucsma, M.A., is a Principal of SobelCo. and Chief Economist of the Sobel Tinari Economics Group. Ms. Kucsma oversees the group’s award-winning economists and experienced analysts. Ms. Kucsma joined the Tinari Economics Group in January 2008 and, since then, has worked extensively on cases involving personal injury, wrongful death, employment law, wrongful incarceration, mass torts, punitive damages, and lost profits. Her ability to clearly explain complicated economic analysis makes Ms. Kucsma an effective expert witness. She works regularly with both plaintiff and defense attorneys and lectures frequently on valuing economic damages. Ms. Kucsma has testified in over 850 depositions, trials, mediations, and arbitrations, and has offered economic expert testimony in various state and federal district courts throughout the country. Prior to joining the Sobel Tinari Economics Group, Ms. Kucsma spent over 13 years teaching economics at the undergraduate and graduate level at Saint Peter’s College, Rutgers, Seton Hall, and Drew Universities. Her areas of expertise include American Economic History, Applied Micro Economic Theory, banking and financial markets, and corporate finance. Ms. Kucsma is an active member of the National Association of Forensic Economics and the Eastern Economics Association, a member of the American Economics Association, and a former member of the District Ethics Committee, Office of Attorney Ethics of the Supreme Court of New Jersey. She earned a B.A., summa cum laude, in Economics from Seton Hall University, an M.A. from Rutgers University, and is currently ABD at Rutgers University.

Thomas  Papain, Esq.
Thomas Papain, Esq.

Partner at Farber Balsam Papain Ferrari LLP

Thomas is a Partner at Farber Balsam Papain Ferrari LLP where he primarily focuses on civil litigation matters with a focus on plaintiff’s personal injury law. He has handled high value cases and has won numerous settlements for clients either killed or seriously injured by negligently operated vehicles, unsafe premises, and unsafe construction sites. Thomas graduated from Fordham University School of Law in 2012, where he wrote and had published legal papers concerning international affairs. He also currently sits on the Academy’s Associate Board of Directors!

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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