Posted on: 10 December 2020
When you are in an accident and you suffer an injury, chances are you will have to take some time off of work to recover. Depending on the type of injury you have, you may be out of work for a significant period of time. That means you will be without a paycheck for a while. For most people without major savings in the bank, this can be devastating. For that reason, you may want to include lost wages recovery in your personal injury lawsuit. Here is what you need to know.
Can You Receive Lost Wages Even if Your Company Paid You?
If you have personal injury protection benefits, your company may have paid you some of your lost wages when you are out of work due to an injury. You may not think you can then sue for your lost wages. These protection programs offered by some employers typically only pay you a percentage of your wages. This means you are still out money you would have made had the accident and subsequent injury not happened.
Because you have not been made whole as a result of the accident, you can still sue the other driver for the remainder of your lost wages. To do this, you will have to show proof of the amount of money you did not receive.
How Do You Calculate Your Lost Wages?
If you are paid a salary each month, you will have an easier time providing a calculation of your lost wages. You can simply subtract the amount of money you received from your employer's personal injury protection benefit from your normal monthly salary.
When you are paid an hourly wage, work on commission, or work more or less than the typical 40-hour workweek, it can be more difficult to calculate the difference in your wages and the amount you received from your personal injury protection benefit. You will need to provide your pay stubs over a certain period of time to your attorney so they can help you determine a fair and accurate amount.
As you calculate your wages, take into account any bonuses you would have normally received, special commissions you missed out on, or overtime pay you did not receive due to your injury and absence from work.
In addition to your pay stubs, you should provide time cards, invoices, and any other information that can verify your loss of income as an hourly or commissioned employee.
For more information or help, contact a law firm like Todd East Attorney at Law.Share