Five Ways Lost Wages Are Calculated In A Personal Injury Claim

If you have been injured through no fault of your own, you may be seeking to be compensated for your injuries. You may be eligible to receive compensation for your medical expenses, personal property losses, vehicle loss or damage, and lost wages. You may be wondering about how your lost wages will be compensated, since you are concerned about all the work you have been missing. Read on for more information about how lost wages are calculated for personal injury claims.

1.  You are eligible for reimbursement for all the time you missed work as a result of the accident. You should include all time spent getting medical treatment and tests, and all follow-up appointments related to your injuries, including physical therapy and mental health counseling. Time spent recuperating at home is also covered.

2.  Begin keeping a record of all time away from work with exact dates and times, including your commute time to appointments. You will need proof of each occurrence of missed work, such as medical records or doctors notes, so keep your paperwork organized.

3.  You are entitled to lost wages whether you are full-time, part-time, self-employed, hourly or salary. To prove lost wages you should have:

  • Hourly and part-time: Pay stubs (several if you work varied hours so that an average can be determined).
  • Salary: Pay stub and/or a letter from human resources stating your salary and work hours.
  • Self-employed: Tax returns for past two years and/or bank statements for past few months. If you are providing your income tax return for proof of income earned, you need only provide the page of your income tax return that lists your income (usually the first page); the insurance company does not need to see any of the other pages that show deductions, exemptions or your schedule C.
  • Sporadic or irregular work: show an average for a day or week based on previous year's income.

4.  If you took sick leave or vacation time off to attend to medical care, you are entitled to reimbursement. You would not have had to use that time off but for the accident, so it is considered lost wages. Your pay stubs should be proof of your use of your leave time.

5.  If you can show that you lost potential income as a result of your accident, you may be able to be compensated. For example, if due to the accident, you missed an important client meeting that had the potential to bring a promotion or raise, you could be compensated.

Proving your lost wages can be a complicated task, and the help of a personal injury attorney to assist you is vital. You are entitled to be fairly compensated for accidents that were not your fault, so seek legal representation from a lawyer like those at Madigan & Scott Inc., and get your lost wages back.


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