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Loss of Wages in a Personal Injury Case: Your Rights Under the Law

Loss of Wages in a Personal Injury Case: Your Rights Under the Law

March 30, 2017 Personal Injury Lawsuits 0 Comments

lost wagesIf you are injured due to the negligence of another party, whether the other party is a person or organization, you are entitled to make claims for monetary compensation related to the injury.

While many people focus on monetary damages specifically related to the injury, such as compensation for medical treatment and physical therapy, they should also know that monetary compensation for loss of wages can also be part of a personal injury case.

What does “loss of wages” include?

The term “loss of wages” refers to wages and salary, but also, more broadly, to lost compensation.

Let’s say you are employed for a salary. The injury you received required three days in the hospital and seven more days of doctor-ordered immobilization at home. As a result, you were unable to work for ten days.

Your loss of wages claim is therefore for 10 days’ worth of lost wages.

If you are self-employed and also spent three days in the hospital and seven more immobilized, you are entitled to compensation for 10 days as well. The compensation is calculated at what you would have received in an average 10-day period. If you had work booked and scheduled to be completed for clients, this figure can also be used to establish a just claim.

Lost wages can also be claimed for any sick days that you used for your injury. If you were entitled to two days of sick leave, for example, and took them as part of your hospital stay, your claim can include monetary compensation for those days. After all, had you not been injured, you still would have them to use. Now, if you become ill, those sick days are no longer available to you. You are entitled to ask for compensation.

Claiming lost wages for any vacation time used is similar to sick leave. If you used vacation time for part of your hospitalization or recuperation at home, you have lost use of that vacation as vacation. You are therefore entitled to claim the time as lost wages, paid at the same rate as your salary.

The same principles apply to company holidays and personal days. If an injury caused by a negligent party caused you to lose out on them, you are entitled to compensation for the time.

Finally, lost wage claims can also include loss of business opportunities that you might have had if not for your injury. Were you slated to play tennis with important clients? Booked as a speaker at a company conference? You are entitled to compensation for any and all opportunities related to work if an injury caused you to miss them.

How do you claim lost wages?

To make a claim for compensation of lost wages, you will need records of how much you make.

If you are employed, paystubs and a note on company stationery of your annual salary, sick leave policy, and vacation time accrued should be provided to your attorney. Tax records are also helpful, as they show annual salary and bonuses, if any.

If you are self-employed, compile tax records showing annual income and any records showing monthly income and work booked but not performed. These can all be used to average out your expected income for the period.

For loss of business opportunities, your employer or involved parties should write a letter on company letterhead that you were scheduled for these opportunities.

Finally, compile your medical records showing the nature and extent of your injury and treatment. Your doctor should also write a letter detailing the medical advice you received before returning back to work.

When to consult a personal injury attorney

If you or a loved one have received an injury in Louisiana caused by the carelessness of another entity, call for a free, no-obligation legal consultation with the Bart Bernard Law Firm. If you decide to bring to seek legal redress with Bart Bernard as your attorney, we will work closely with you every step of the way.

Let a seasoned personal injury lawyer in Louisiana help you. Please contact our offices in Baton Rouge, Lafayette or Lake Charles today.

Additional lost wages resources

  1. Sapling, How To Calculate Lost Wages, https://www.sapling.com/6149965/calculate-lost-wages


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