Lost wages compensation is designed to pay what you would have earned working had it not been for your accidental injury and resulting disability.
Damages
The amount of damages for lost wages is calculated for your time off work due to your injury. It includes time off to see your doctor, physical therapist, and other specialists or health care providers.
If you miss overtime that you would have worked had you not been injured, you are also entitled to recover damages for those lost wages. Of course, lost hours and overtime will need to be documented by your boss or supervisor. If, due to the injury, you will not be able to return to your previous job, but instead must work at a lower paying job, you are entitled to recover the difference between what you would have earned if you had not been injured.
If you are a salaried employee, the amount of your lost wages is measured by the amount of wages you lost due to your injuries, as well as any bonuses you would have received based on your past performance. If he worked on commission, his history will be reviewed to determine how much he is entitled to in lost wages.
In general, if you are self-employed, you can recover lost income only if you have been in business for more than a year; if it is less than that, the law considers the damages to be too speculative.
Future Lost Wages
If your accidental injury reduces your ability to return to the same job, or to any job, you can also collect damages for future loss of wages or earnings, also known as “loss of future earning capacity” or “impaired employment.” purchasing power”. .”
Damages for future loss of earnings are calculated based on your potential earning capacity before the injury, compared to the reduced earning capacity due to your injury. If, for example, you were just starting out in a high-paying field, your potential earning capacity would be much higher than what you were actually being paid at the time of your injury.
