Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 62
A high quality vocational assessment written by an
experienced expert typically includes:
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1.1 Vocational History & Transferable
Skills Analysis
This is not mere speculation — it is based on
assessment, research, experience and evidence.
A vocational expert examines:
1.4 Residual Earning Capacity
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Work history
Skills and competencies
Training and quali昀椀cations
Career trajectory
Barriers to work or career progression
Transferable skills
Likely future career path (with and without
injury, divorce or incident event)
Courts and Tribunals need to know:
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What could this person earn now?
What could they earn with any retraining?
What is the likely trajectory over 5, 10, 20 years?
What is the di昀昀erence between pre and post
injury, divorce or incident earnings?
Vocational experts quantify this with clarity and
objectivity.
This is not just a CV review. It is a detailed analysis
and reconstruction of a person’s vocational identity
and their employment potential.
1.5 Expert Witness Reporting
and Testimony
1.2 Functional Capacity and Work Ability
A vocational expert provides:
Vocational experts integrate:
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Barriers to entry
Time required to retrain or resume work
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Medical, clinical or occupational evidence
Functional limitations
Cognitive and psychological factors
Pain, fatigue, stamina, and pacing
Executive functioning
Sensory sensitivities
Workplace adjustment needs
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CPR compliant reports
Joint statements
Clear, impartial conclusions
Responds to speci昀椀c questions to provide the
missing information about work.
Courtroom testimony
Assistance with cross examination
Integration with medical, clinical, 昀椀nancial or
other evidence
This is especially critical in cases involving:
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Vocational evidence is not advocacy.
Chronic pain
PTSD
Autism
ADHD
Long Covid
Functional neurological disorders
Brain injury
Stress related illness
Complex injuries or health conditions
It is analysis, grounded in evidence and professional
methodology.
2. Why Vocational Experts Are Critical in
Personal Injury Litigation
In personal injury cases, the court must determine:
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Medical experts may describe impairment.
Occupational Therapists may discuss functional
limits on daily living. Vocational experts describe
impact on work, employment and income.
1.3 Labour Market Mapping
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This is where vocational evidence is uniquely
powerful.
Medical evidence alone cannot answer these
questions.
A vocational expert analyses:
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A surgeon may con昀椀rm that a claimant has a 20%
reduction in grip strength in their dominant hand.
Realistic job options
Availability of suitable roles
Salary ranges
Regional labour market conditions
Likely employer expectations
Recruitment trends
Hybrid or remote work opportunities
EXPERT WITNESS JOURNAL
Loss of earnings
Loss of future earnings
Loss of earning capacity
Feasibility of returning to work
Cost and time of retraining or resuming work in
a pre-injury or post injury job or even into selfemployment.
Impact of disability and injury on employability
An Occupational Therapist may say they are now
restricted to using mostly their non dominant hand
for certain daily living tasks.
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APRIL 2026
