Lost wages are a form of compensation that an injured party can receive in a personal injury lawsuit. The purpose of these lost wages is to compensate the injured party for lost income as a result of the injury, as well as any out-of-pocket expenses related to obtaining medical treatment for the injury.
The amount of compensation for lost wages varies depending on a number of factors, including:
- the type and severity of the injury;
- whether or not it was caused by someone else’s negligence;
- and whether or not that negligence was intentional or unintentional.
In some cases, lost wages may be calculated using a formula based on how much money you would have earned if you had worked since your injury happened.
In other cases, lost wages will be calculated based on what your income would have been if you had continued working up until now (the present day). If you have questions regarding whether or not something would be considered part of lost wages in your case or any other aspect of your personal injury claim, contact a personal injury attorney in mcallen.
In general, there are two types of lost wage damages: temporary and permanent.
- Temporary lost wage damages are meant to compensate you for any short term losses such as missed work hours or missed promotions/opportunities because of your injuries.
- Permanent lost wage damages are meant to compensate you for any long term losses such as decreased earning potential due to your injuries.
What’s Covered Under Lost Wages?
Lost wages are a big part of your personal injury claim. If you’ve been injured in an accident and have missed work, it’s important to know what kinds of wages you’re entitled to compensation for.
The law covers lost wages for both employers and employees. Here’s a look at some of the types of compensation that can be covered by lost wages:
Sick leave or vacation time (if you lost these due to your injury)
In the event that you are unable to work because of your injury, you may be entitled to compensation for any lost wages. If you were unable to work during your normal work hours because of your injury, and if your employer requires employees to use sick or vacation time as part of their standard benefits package, then this time will count as lost wages.
Paid time off (PTO)
Paid time off (PTO) is a type of paid leave that can be used for personal reasons, such as vacation days, sick days, and holidays. When you’re injured on the job and need to take time off to recover from your injuries, it’s important to know what your rights are with respect to PTO.
If you’re injured at work and need time off from work after your injury has healed, but before you return to work, then you may be eligible for short-term disability benefits. These benefits are typically paid out by an employer’s short-term disability insurance policy and are tax-free.
Unpaid leave (or unpaid PTO)
Unpaid leave benefits are a form of compensation that employers provide to their employees when they are unable to work due to an injury or illness. The employee will typically be allowed to use their sick days, vacation days, and other paid time off as needed while they recover. These benefits vary depending on the employer’s policies and state laws.
However, some states require employers to pay employees for all of their accrued paid time off when they are unable to return to work due to a medical condition.
Bonuses are wages and are usually included in personal injury claims. Bonuses are usually considered to be part of the regular wage structure, so they will be included in the calculation of lost wages. If your employer does not have a bonus system, then it is unlikely that you will be entitled to receive any bonus payment for lost wages under a personal injury claim.
If you were working overtime at the time of your accident, you may be entitled to compensation for your lost wages.
According to the law, if you’re an hourly employee and you work more than 40 hours in a week, your employer must pay you 1.5 times what they would pay you for regular time. This is known as overtime pay.
The same holds true for salaried employees who work more than 40 hours per week: they are entitled to receive 1.5 times their regular salary for each hour over 40 they worked in the previous seven days.
Perks and Tips
In a personal injury claim, the lost wages that you can recover include any additional costs that you incur as a result of the injury. For example, if your employer provides you with a company car for business use and you are unable to drive for a period of time due to your injuries, then your employer would be responsible for reimbursing you for the cost of renting a car.
In addition to car rental expenses, other examples of perks that may be covered by lost wage claims include:
- Cell phone bills
- Internet access fees
- Clothing costs (for example, if you are unable to work in your normal attire due to an injury)
This is only an example of what may be included in lost wages. Each state has its own laws regarding what can be recovered through such claims. If you have questions regarding whether or not something would be considered part of lost wages in your case or any other aspect of your personal injury claim, contact a personal injury attorney in mcallen.
How Do I Prove My Lost Wages?
In order to prove your lost wages, you will need to provide evidence of your income before the injury and after. You may also need to provide evidence of any expenses that you incurred while recovering from your injury.
If you have not been able to work or are unable to work, you will likely be entitled to worker’s compensation benefits. These benefits are paid out by an insurance company that covers all employers in the state of California. They pay for medical care and rehabilitation costs related to injuries sustained on the job.
It is important for injured workers to know that they must report their injuries as soon as possible in order to receive full compensation for their damages.
Story from McAllen, TX – Atty. Moore.
Since establishing Moore Law Firm, Mr. Moore has recruited some of the top legal minds in the state to represent plaintiffs for personal injury and property damage insurance claims. Over his notable legal career, Mr. Moore was named a Multi-Million Dollar Advocate, one of the Best Attorneys of America, received the second largest products liability verdict in Texas, and currently Lead Liaison Counsel In Re: Fraudulent Hospital Lien Litigation, MDL-15-0360. Moore Law Firm seeks to practice law and represent clients aggressively as Mr. Moore has established himself as a distinguished litigator in South Texas.