Recovering Compensation for Lost Wages

If you were injured in a car accident, or some other accident caused by another person’s negligence, you will likely be eligible for financial compensation, even if your employer pays you for the missed days of work.

Typically, compensation covers the costs of medical treatment, hospitalizations, and prescription medications. It also covers lost wages, which is the money you lose if the injury causes you to miss days of work. Depending on the severity of the injury, you may miss days, weeks, or months of work. In some cases, a serious injury can impact your ability to work in the future. A skilled car accident lawyer will walk you through every step of the claims process and ensure that you receive the maximum financial benefits to which you are entitled.

Past Wages versus Future Wages

Injuries involving broken bones, contusions, sprains, and strains may cause you to miss several days of work for follow-up treatments, doctor’s appointments, and physical therapy. If you do not get paid days off, this can cause serious financial difficulties. To secure compensation for past lost wages, you must prove that your missed days of work were caused by your injury. You can do this by obtaining medical records from your physician and providing copies of pay stubs and income documents from the days of work missed.

Injuries that are more severe may impact your ability to work in the future. Calculating future lost wages can be tricky because it is based on the amount of money you would lose in the future, and sometimes the future is unclear. Essentially, you will need to establish the difference between the value of your services before and after your injury. To collect compensation for future wage loss, you must be able to prove that the injury is permanent and has diminished your earning capacity. You will need to provide evidence that indicates your future earning potential had you not been injured. Evidence may include the following:

- Testimony from medical experts about whether a full recovery is possible, and what your capabilities and limitations may be if a full recovery is unlikely

- Medical evidence that shows how your injuries will likely impact your ability to carry out your job responsibilities

- Input from an expert financial professional about what your income could have been if you were not injured, and what you can expect to earn considering your physical and/or cognitive limitations resulting from the injury

ABOUT THE AUTHOR: Bryan J. Chant, Esq.
Bryan J. Chant is an experienced trial attorney vindicating the rights of injured people in Maryland’s courts. He is an alumnus of the William Mitchell College of Law, where he served as an Assistant Editor on the William Mitchell Law Review. His practice areas include personal injury and Workers’ Compensation.

Copyright LeViness, Tolzman & Hamilton, P.A.

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.

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