Everything You Need to Know About Claiming Your Lost Wages

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When a person suffers an injury in an accident that was not their own fault, the consequences can feel overwhelming. The sudden pain and the injury may require immediate and ongoing medical care. The cost of that can create a financial burden that the victim might be unable to afford. Furthermore, the injury may lead to a temporary or permanent disability. That prevents them from performing their duties. For many people, this means not receiving a paycheck. The combination of these factors can be financially and emotionally devastating.

Yet, did you know that the victims of accident-related injuries may be eligible for compensation for their medical expenses and their lost wages due to missed time at work? Here’s everything you need to know about getting those lost wages back.

Types of Lost Wages

When filing a personal injury claim, lost wages are included in the “economic damages” category. That’s your compensation for things with a set dollar value. Any income you cannot receive due to injury counts as lost wages. This is true whether you missed work because you were in the hospital or because your injury has impeded you from returning to work even when you are no longer hospitalized.

There are several different forms of lost income you might be able to claim:

• “Lost wages” refers to the money you should have received from performing your job. But that your injury prevented you from earning it. For example, if you could not return to work for a month after your accident without sick pay or some other form of coverage, your lost pay counts as lost wages.
• If your injury resulted in a permanent disability that allows you to return to work in a more limited role, you might be eligible for compensation for a “reduced earning capacity.” For example, if the injury you received makes it impossible for you to work the same number of hours. Or if your disability allows you only to work in a role that pays less, your earning capacity has been reduced because of the accident.
• If you have been forced to turn down a position or denied a better job because of the injury, you may qualify for compensation for “lost opportunity.” For example, if you had interviewed for a new job before the accident and received an offer after your injury, you would have a claim for a lost opportunity if you had to turn down the offer because you could no longer perform the duties of the new job.
• If your injury has caused you to suffer a complete disability and you are no longer able to take on gainful employment in any capacity, you may qualify for “permanent total disability.” Claiming this form of wage loss could result in compensation for all the wages you might have earned for the rest of your life.

Proving Lost Wages

You must demonstrate that you have been or will be out of work to prove that you have lost wages. If your wage loss is fairly short-term, you can present evidence such as copies of previous paychecks, your work schedules, and a letter from your employer stating that you missed work for the relevant period without any other form of income compensation.

However, the longer you are unable to work, the more likely it will be that you will need legal assistance to help you demonstrate what your losses are. Similarly, if your doctor has determined that you cannot return to your job, a personal injury lawyer can help you understand the type and amount of lost wages you can claim. This may require you to present medical records, statements from witnesses and doctors, and even expert testimony on your particular type of disability.

Contact a New Jersey Personal Injury Attorney Today

If you have been injured in an accident another party caused, you should not suffer financially. The experienced New Jersey personal injury attorneys of Brach Eichler Injury Lawyers are here to help you recover your lost wages. We will work hard to get you the full and fair compensation you deserve. Call us today at (973) 364-8300 or contact us online for a free consultation.