Lost Wages After An Accident: What You Should Know
If you get hurt in an accident at work, in a car accident, or another type of incident, you will likely have to take some time off of work to recover. In cases in which you do not have disability benefits at work, a lack of paid time off, or if you do not get paid time as part of your benefits package, you may find that you do not get paid any money while you are away recovering. This can be financially devastating. If the accident was due to a negligent party and you are considering a lawsuit, you should plan to include loss of wages as part of your claim. The following are some things you need to know:
Can You Include Lost Wages if Your Employer Paid You During Recovery?
Your company may offer short-term or long-term disability benefits as part of your benefits package. Other companies may have policies that pay you your full pay in vacation time or other accrued paid time off. However, you likely are not going to get the entire amount of money you would have made if you had not been hurt. Disability benefits generally only pay a percentage of your pay. You may not have enough vacation time to cover the entirety of the time you had to take off. In both cases, you are only being paid a part of your total pay. You can include the difference in the pay as part of your lost wages claim.
How Are Lost Wages Calculated?
Lost wages are calculated differently for those who are paid a salary and those who are paid hourly. For those who receive a salary, the wages can be subtracted from how much money you actually received from the amount of money you are typically paid each month.
If you are an hourly worker, you are a part-time employee, or if you are paid on commission, it can be complicated to calculate your lost wages. Obviously, if you are not entitled to any type of disability or vacation payments, you may be able to claim a complete loss of wages because you will not receive any sort of payment from your employer until you return to work. If you are full-time hourly or commissioned employee, you will need to provide your attorney with copies of your pay stubs over a period of time to help come up with an appropriate amount based on your past payments. If you were entitled to any bonuses at work during your convalescence, opportunities for overtime, or any other extra payments you missed because you are injured, be sure to provide this information to your attorney as well so your lost wages can be accurately calculated.
Consult with a personal injury attorney to learn more.