After an accident, you have the right to get back every dollar you’ve lost, including your missed paychecks. Whether you were injured in a casino, hurt in a car crash on the Strip, or injured at work, you can recover the money you would have earned if you hadn’t been hurt. Understanding the meaning of lost wages and how they affect your personal injury claim helps you get full compensation for your losses.
What Are Lost Wages?
Lost wages are the money you would have earned from the time of your injury until you’re able to return to work. This goes beyond just your regular paycheck – it can include overtime, bonuses, commissions, and even paid time off that you had to use while recovering. If you’re a server at a restaurant or a dealer at a casino, it includes your tips. If you’re self-employed, it covers the income you lost while your business had to take a back seat to your recovery.
Many people don’t realize just how much their injury has cost them in lost income. Even a few weeks away from work can mean lost wages in the thousands of dollars. When you’re dealing with medical bills and other expenses from your accident, every dollar counts. To get the most from your loss of wages lawsuit, it’s important to keep track of all your lost income, not just your base salary.
The Meaning of Lost Wages vs. Lost Earning Capacity
Lost wages means the money you couldn’t earn while you were recovering, but lost earning capacity is about your future earnings. If your injury means you can’t go back to your old job or have to work fewer hours, lost earning capacity compensates you for those long-term changes to your income.
Think about a construction accident that injures a worker’s hand. They might get lost wages for the months they spend in recovery, but what if they can never work in construction again? Then they’d use a lost earnings calculator to determine the difference between their old salary and what they can earn in a new line of work. The amount varies depending on whether you’re completely out of work or still able to work a different job. An attorney can help you estimate your loss of earnings and get compensation.
How to Prove Loss of Wages
Getting compensation for loss of wages starts with solid proof that your injury kept you from working. Your medical records and notes about your work restrictions create the foundation of your claim. You’ll want documentation that clearly shows why your injury prevented you from doing your job, whether that’s standing for long shifts at a hotel or lifting equipment at a worksite.
A good lawyer knows exactly what proof you need and how to present it effectively. They’ll help you gather everything from doctor’s notes and employer statements to pay stubs and tax returns. They can even bring in medical experts who can explain to the insurance company or jury why your injuries made it impossible for you to work. In Las Vegas, where many people work unconventional hours or have income that includes tips and bonuses, having someone who understands the full meaning of lost wages makes a big difference.
How to Calculate Lost Wages
Figuring out your lost wages might seem simple: Just use a lost wages calculator to multiply your hourly rate by the hours you missed, right? But it’s usually not that straightforward, especially in Las Vegas where many workers earn tips, bonuses, or commissions. Your wage loss compensation should include everything you would have earned if you hadn’t been hurt.
A lawyer helps you capture all your lost income, including overtime you regularly worked, seasonal bonuses you missed, and even raises you would have gotten during your recovery. For example, if you’re a cocktail server who was injured during peak tourist season, your lawyer will make sure your lost tips are calculated based on the busy months you missed, not just your base pay. Or if you’re a ride-share driver who can’t work during big conventions, your lawyer will factor in that lost surge pricing and higher fares.
Workers’ Compensation for Wage Loss
Workers’ compensation can help replace your wages while you recover from a work injury, but it comes with specific rules and limits. Let’s look at how these benefits work and when they kick in.
Does Workers’ Comp Cover Lost Wages?
Yes, workers’ comp does pay for lost wages, but usually only about two-thirds of your average weekly wage. The amount you get is based on your earnings before taxes and other deductions, plus whether you’re totally or partially disabled and whether it’s temporary or permanent. There’s also a maximum weekly benefit amount set by Nevada law and strict rules about when these payments start and how long they last.
Unlike a personal injury claim, workers’ comp won’t pay for 100% of your lost wages or things like pain and suffering. But you don’t have to prove anyone was at fault to get these benefits – they’re available as long as you were hurt while doing your job. This can be really helpful if you were injured in a workplace accident where no one was clearly at fault.
If someone else was at fault, you might be able to file a lost wages personal injury claim in addition to a workers’ comp claim. A lawyer who knows both workers’ comp and personal injury law can look at your situation and figure out the best way to make up for your loss of wages.
When Does Workers’ Comp Start Paying Lost Wages?
Workers’ comp starts paying lost wages after you’ve been off work for 5 days. The payments keep coming until your doctor says you can return to work. An experienced lawyer can help speed up the process by making sure your paperwork is filled out correctly and following up with the insurance company if there are any delays. They’ll also watch out for any attempts to send you back to work too soon.
When to Seek Legal Help for Your Lost Wages Claim
The best time to talk to a lawyer about your lost wages is right after your injury. The longer you wait, the harder it can be to prove exactly how much income you’ve lost. A lawyer can help you document everything properly from the start and make sure you don’t accidentally do anything that could hurt your claim.
You’ll want someone who thoroughly understands the meaning of lost wages and how it affects both workers’ comp and personal injury, because sometimes you can pursue both types of claims. For instance, if you were making deliveries for work and got hit by another driver, you might be able to get workers’ comp benefits and file a claim against the other driver to make up for the wages workers’ comp doesn’t cover.
At Blackburn Wirth Injury Team, we know how stressful it is to be out of work because of an injury. We help you figure out exactly who might be responsible for your lost wages and the best way to get that money back. Get a free case evaluation and we’ll explain your options and help you make a plan to move forward.
