I Missed Work Due to My Injury–Can I Get Compensated?

If you have been injured in an accident caused by someone else’s negligence, the physical pain may only be part of the damage. One of the most immediate and stressful consequences of a serious injury is the inability to work. Lost wages can pile up quickly, especially if you are out for weeks or even months. You may be wondering if you can be compensated for the time you missed from work due to my injury.

In a personal injury lawsuit, compensation for lost wages is a commonly awarded form of damages. But to successfully recover these losses, a skilled personal injury attorney can best demonstrate how the injury led to the lost wages. Here is what to know about lost wages following personal injury. 

Why Might I Need to Seek Out Lost Wages?

Depending on the severity of the personal injury, some people may be able to get back to work almost immediately. In other cases, an individual might miss weeks or even months of work due to the injury. Injuries that commonly lead to extended time off work include broken bones, spinal injuries, traumatic brain injuries, and severe soft tissue damage. Serious burns, nerve damage, and joint injuries like ACL tears or rotator cuff damage may also require lengthy recovery periods, especially when surgery is involved. Psychological trauma, crush injuries, or amputations can further delay a return to work depending on the severity and type of job.

What Are Lost Wages?

Lost wages are the income you were unable to earn because of your injury. There are three elements to consider: past lost wages, future lost wages, and loss of earning capacity.

Past lost wages include all the income you were unable to earn from the moment of your injury until your case is resolved. This period covers any time you were physically unable to work due to your condition or medical treatment. Future lost wages, on the other hand, refer to the income you may lose if your injury continues to affect your ability to work after your case settles. This could include reduced hours, the need for a less physically demanding job, or extended time off. In more severe cases where the injury causes a permanent reduction in your ability to earn a living, you may be entitled to compensation for lost earning capacity. Loss of earning capacity does not refer to your current income, but instead estimates the potential income you would have earned over your working life if the injury had never occurred. 

How Do I Prove Lost Wages?

Proving lost wages in a personal injury case requires a combination of documentation, supporting testimony, and a clear explanation of how your injury directly affected your ability to earn income. Employment documents are the foundation for any lost wages claim. They help establish your income before the injury and may include pay stubs, tax returns, W-2 forms, or employment contracts. These records show your typical earnings and are essential for calculating the amount of income you have lost. Additionally, your employer can offer additional support by confirming your job title, pay rate, work schedule, overtime history, and the specific amount of time you’ve missed. 

Accurately tracking the time you have been unable to work due to your injury is equally important. Medical records, doctor’s notes recommending time off or restricted activity, and written communication with your employer can help show that your missed work is directly related to your injury.

If your injury affects your long-term ability to work, it’s important to consider not just your immediate lost wages but also your future lost income or diminished earning capacity. This type of compensation accounts for the lasting impact an injury can have on your career, especially if you are unable to return to the same job or work full time. Proving future lost wages is more complex and often requires expert testimony. Vocational experts will evaluate your physical and mental ability to continue working in your field, while economic experts analyze your potential future earnings. They will consider factors like age, education, job experience, industry norms, inflation, and career advancement opportunities to estimate your long-term financial loss.

What If I Have Paid Sick Leave?

Even if you were able to use paid time off or sick leave to cover your absence from work after an injury, that does not mean you should forgo seeking compensation for lost wages. These benefits are part of your overall compensation package and were earned through your hard work and are intended to be used when you need time off for personal or medical reasons unrelated to someone else’s actions. Pursuing a personal injury claim allows you to recover the value of those lost benefits and helps ensure that you are not unfairly burdened by the financial and practical consequences of another person’s actions.

What If I Have Non-Traditional Employment?

Proving lost wages is not always straightforward, especially for individuals who are self-employed, work as independent contractors, earn income through commissions, or have an irregular pay structure. These situations often require more detailed documentation and, in some cases, expert financial analysis to accurately reflect income loss. For self-employed individuals, demonstrating lost income may involve providing business tax returns, profit and loss statements, bank records, and invoices from past or anticipated clients. Those who rely on commissions can support their claims by presenting prior commission statements, sales reports, or documentation of performance-based bonuses to help calculate average income and show the extent of lost earnings due to the injury.

Contact An Experienced Personal Injury Attorney

Missing work after an injury is not just inconvenient, but it can be financially devastating. Fortunately, lost wages are a well-recognized part of personal injury compensation. Whether you have missed a few shifts or can’t return to work at all, you should not bear the burden alone if someone else caused your injury. With the legal guidance of an experienced personal injury lawyer, as well as documentation, it is possible to recover the income you have lost and protect your financial future while you focus on healing.