Lost Wage Claims in a Personal Injury Case

Were you involved in a Palm Coast or Ormond Beach accident? If so, you may be suffering from severe injuries that prevent you from returning to work. When coupled with staggering medical expenses, lost wages from missed time at work can put you in a serious financial bind while you’re still recovering from your injuries.

If the accident occurred through no fault of your own, you might be entitled to compensation for your lost wages in a personal injury case. However, calculating your lost wages can be difficult, so it’s always best to work with a trusted personal injury attorney as you seek compensation.

Our dedicated lawyers at Chiumento Law, PLLC have nearly 50 years of experience serving Florida residents throughout Palm Coast and Ormond Beach. Call us today at (386) 454-8900 or contact us online to learn more in your free initial consultation.

Which Types of Lost Wages Are Covered?

When it comes to personal injury cases, recovering money for lost wages often means more than just multiplying your pay rate by the amount of work you missed.

Depending on your pay structure, you may be able to make any of the following types of lost wages claims:

• Hourly pay – If you earn an hourly rate, you can calculate the base value of your lost wages by multiplying your hourly rate and the total number of hours you missed. If you are a salaried employee, you can calculate the average amount you earn per workday and multiply it by the number of days you missed.
• Overtime pay – If you routinely work overtime, even if it’s only seasonal, you may be able to claim lost overtime wages. You can use documentation of your overtime from previous months or years to calculate the average amount of overtime pay you could have earned if your injuries hadn’t prevented you from working.
• Tips – If you regularly earn tips, you can claim lost tips in your lost wages claim. You will likely need to support this aspect of your claim by providing documentation that shows you regularly deposit your tips in a bank account or claim tips on your income taxes.
• Bonus pay – If you are forced to miss out on bonus opportunities while you recover from your injuries, you can claim compensation for lost bonus pay. Typically, you must provide documentation of previous bonuses or your employer’s policies for earning bonus pay.
• Paid time off – If you had to use paid sick time or vacation time while you recovered from your injuries, you might not have the option to use that paid time off (PTO) when you want to in the future. As a result, you may be entitled to compensation for the equivalent value of your lost vacation days or sick leave
• Work perks – If missing time at work caused you to lose out on certain work perks, such as using a company car or gym membership, you might be able to claim compensation for the value of those lost perks.

When Can You Recover Lost Wages in a Personal Injury Case?

Because Florida is a no-fault insurance state, you can immediately turn to your personal injury protection (PIP) insurance to cover a portion of your lost wages no matter who was at fault for the accident that injured you. Florida PIP insurance will pay up to 60 percent of your lost wages – up to your policy limit. This may include the income or wages you lost because you were undergoing treatment or were unable to work due to your injuries.

However, if your injuries are serious and if you can prove that another party was at fault for the accident and your injuries, you may be able to pursue compensation from the at-fault party in a third-party injury claim or personal injury lawsuit.

In this instance, you can seek compensation for the entirety of the income you lost, the potential income you may not be able to earn in the future, and other types of losses, such as the impact of your pain and suffering.

An attorney can review the details of your situation and help you determine whether you are entitled to compensation for lost wages in a personal injury case.

How to File a Claim for Lost Wages

If you are wondering how to file a lost wages claim, do not hesitate to reach out to an experienced personal injury lawyer. The experienced personal injury lawyers of Chiumento Law, PLLC knows how to claim lost wages, what type of evidence is necessary to establish your claim, and how to negotiate a fair settlement on your behalf. They can handle your lost wages claim while you focus on what matters – your physical recovery.

How Do You Prove Lost Wages?

Strong evidence is essential in a lost wages claim. If your employer is willing, a letter from them explaining your job and pay structure can be a valuable piece of evidence. A useful letter would contain details such as your job title, date of hire, typical work hours, pay rates, perks, bonus structures, a statement explaining that you were employed at the time when you were injured, and a summary of the days or hours you missed at work.

You can also use these other types of evidence to prove the value of lost wages in your personal injury case:

• Your original employment agreement
• Past pay stubs
• Bank statements showing pay deposits
• Tax returns from previous years
• Business records, if you are self-employed

A personal injury lawyer can help you gather the necessary evidence to support your lost wage claim.

Lost Wages vs. Lost Earning Potential

While “lost wages” refers to the amount of pay you actually lose from missed time at work, “lost earning potential” refers to the money you would likely lose in the future as a result of your injuries. This includes money you could have earned from your ability to continue doing your previous job, which you may not be able to perform if your injuries leave you with a long-term disability.

Anything you likely could have earned from future promotions, general future wages, sales commissions, or business opportunities can be included as part of your lost future income claim.

How Do You Recover Compensation for Lost Earning Potential?

If you suffered losses in your future earning potential, you might also be entitled to compensation for work opportunities you missed due to your injuries. It’s typically more difficult to prove potential or projected losses than it is to prove lost actual wages, but it’s possible with the help of a knowledgeable attorney.

Many lawyers have professional relationships with expert witnesses such as accountants and economists, who can investigate your work history and make reliable projections about the money you could have earned in the future. Depending on the available evidence, these projections could significantly boost the value of your settlement.

Contact a Personal Injury Lawyer Today

Proving the extent of your lost wages and lost earning potential can be challenging, especially while you are still recovering from serious injuries. The experienced Palm Coast personal injury lawyers of Chiumento Law, PLLC can help. We have 7 attorneys in two offices who are standing by, ready to assist you with all aspects of your lost wages and personal injury claim. Call us today at (386) 454-8900 or contact us online to learn more about your options in a free case review.