Being injured can lead to missed work and lost wages, adding financial stress and anxiety to an already difficult situation. And if you’re trying to deal with this on your own, you could be in trouble.
Fortunately, there are ways to recover lost income, but it requires careful documentation, a clear understanding of your options, and often the help of a skilled attorney.
Here’s a step-by-step guide to help you navigate the process and get the compensation you deserve.
1. Start With Thorough Documentation
The foundation of any successful claim for lost wages is solid documentation. Without proof of your income and missed work, it’s impossible to calculate the amount you’re owed.
Begin by gathering the following:
- Pay Stubs: These show your regular earnings, including hourly wages, salary, bonuses, and commissions.
- Tax Returns: If your income varies from month to month, tax returns can provide a clearer picture of your annual earnings.
- Employer Statement: Request a letter from your employer verifying your job title, rate of pay, hours worked, and the time you’ve missed due to your injury.
If you’re self-employed, you’ll need to take a different approach. Use invoices, contracts, or financial records to demonstrate your typical income and how the injury has impacted your ability to work.
2. Calculate the Full Extent of Your Lost Wages
Lost wages aren’t just about the hours you missed immediately after the injury. You’ll also want to account for any ongoing impact on your income. For example: Did you have to reduce your hours due to physical limitations? Are you unable to perform certain tasks that were a key part of your job? Will your earning capacity be permanently affected by your injury?
These factors should all be included when calculating your lost income. A skilled attorney can help ensure you don’t overlook any potential losses, including future earnings.
3. Determine the Best Route for Compensation
How you recover your lost wages depends on the circumstances of your injury and who is responsible for covering the costs. There are a few primary avenues to consider.
For starters, if your injury was caused by someone else’s negligence – such as a car accident or slip-and-fall – you may be able to recover lost wages as part of a personal injury claim. This process involves filing a claim with the at-fault party’s insurance company and providing documentation to prove your losses.
If your injury happened on the job, workers’ compensation should cover a portion of your lost wages, usually around two-thirds of your regular income. The process for filing a workers’ comp claim varies by state, so it’s important to familiarize yourself with the rules in your area.
Then there’s short-term or long-term disability insurance, which can help replace income if you’re unable to work due to an injury. If you have a policy through your employer or purchased one independently, check the terms to see how much coverage you’re entitled to.
Each option has its own requirements and timelines, so it’s important to act quickly and follow the correct procedures to avoid delays or denials.
4. Work With a Skilled Attorney
Recovering lost wages isn’t always a straightforward process, especially if there are disputes over the amount you’re owed or who is responsible for paying. That’s why working with an experienced attorney can make all the difference.
An attorney can help you:
- Accurately calculate your lost wages, including bonuses, commissions, and potential future earnings.
- Gather and present the necessary documentation to support your claim.
- Negotiate with insurance companies or employers to ensure you receive fair compensation.
- Handle legal complexities, such as proving negligence in a personal injury case or navigating the workers’ compensation system.
By having a legal expert on your side, you can focus on your recovery while they handle the financial and legal details.
5. Be Prepared for Pushback
Unfortunately, recovering lost wages isn’t always a smooth process. Insurance companies, employers, or other parties may try to downplay your losses or argue that you’re not entitled to full compensation.
To protect yourself, be proactive and keep all communication professional and documented. You’ll also want to avoid signing any settlement offers or agreements without consulting your attorney.
Follow all medical advice and attend your appointments to demonstrate your commitment to recovery. When you stay organized and work with an experienced attorney, you can overcome these challenges and secure the compensation you deserve.
6. Don’t Forget About Future Losses
In some cases, your injury may affect your ability to earn income long after the initial recovery period. This is especially true if your injury results in a permanent disability or forces you to change careers.
Future lost wages can be included in your claim, but calculating these losses requires careful analysis. You may need to work with experts, such as vocational specialists or economists, to demonstrate how your earning capacity has been impacted. Don’t settle for compensation that only covers your immediate losses – advocate for what you’ll need in the long term, too.
Moving on With Your Life
You don’t deserve to be defined by one incident – good or bad – for the rest of your life. Unfortunately, this is exactly what happens to a lot of people after they experience an injury. One bad moment or accident ends up compromising their finances, which sends them into a long-term spiral. But if you know how to recover lost wages after an injury and put yourself back on track, you can be an exception.
Follow the tips from this article, and you’ll at least have a foundation and strategy for what to do next. Every situation is unique, but by knowing your options, you can put one foot in front of the other and move forward with your life.
