Lost wages resulting from a work-related accident or disability can often be recovered through legal action. Lost wages are generally recovered as part of the damages due to a plaintiff under state workers compensation laws. Lost wages do not include future earnings, only the regular wages the plaintiff would have earned.
Lost wages cover time spent unable to work, as well as time missed due to treatment. Obtaining the workers compensation lost wages benefit may require expert testimony as to your particular condition or injury. Entitlement to lost wages does not depend upon the type of work or full-time employment, and self-employed persons can recover lost wages as well. Even if you received sick or vacation pay, lost wages may be due, since injury required you to use vacation/sick days, resulting in lost wages for that period. Sick or vacation pay is generally not regarded as replacing an individual’s lost wages. You may be eligible for reimbursement for missed work opportunities, in addition to any lost wages you have suffered, although missed job interviews or promotions are more difficult to prove than lost wages themselves.
Lost Wages and Legal Action
You must have medical authorization to be off work to file a worker’s compensation claim for lost wages. Generally speaking, the treating physician must submit a statement that you are recovering from injuries. Lost wages as a result of self-diagnosis are generally not considered recoverable by legal means.
Lost wages claims require specific documentation, including a statement from your employer indicating your position and income. Lost wages cannot be accurately calculated without some proof of your normal working hours and pay. Any lost wages claims should also include documentation from a physician stating dates of recovery and type of injury/illness. Lost wages claims filed by the self-employed can be more difficult to prove, requiring more detailed documentation: lost wages calculations for the self-employed rely heavily on past earnings to determine the amount of lost wages due to injury or illness. Tax documents, contracts, invoices, and billing statements can help determine lost wages for the self-employed. Letters from customers who would have used your services can indicate lost wages as well.
Contact a Workers Comp Lawyer Today
If you or a loved one has suffered an injury or fallen ill while on the job, and you are in need of experienced, skilled legal representation, contact us today. One of our knowledgeable workers compensation lawyer in your area will evaluate your workers compensation case and fight to protect your legal rights.