---
type: "LegalText"
title: "5 U.S.C. § 8115"
description: "Determination of wage-earning capacity"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
chapter_number: "81"
chapter_name: "COMPENSATION FOR WORK INJURIES"
section: "8115"
citation: "5 U.S.C. § 8115"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
source_identifier: "/us/usc/t5/s8115"
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
source_hash: "ecc16484a222221550056e32e299de5d2c345d5d55ff812963888f160da95c53"
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
text_hash: "03dc13a73c1ac07ce445bc54e77899fd5fb04affd6c6ab9feac637c48e554ba4"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---

# 5 U.S.C. § 8115 - Determination of wage-earning capacity

## Text

(a) In determining compensation for partial disability, except permanent partial disability compensable under sections 8107–8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—

(1) the nature of his injury;

(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 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.

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

## Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes 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.