Lost wages are one piece; the pain and suffering calculator covers the rest.
Lost wages are calculated by multiplying your gross daily or hourly earnings by the number of days you were unable to work, plus any reduction in hours or pay due to medical restrictions. For a W-2 employee earning $60,000 a year who missed 30 days: $60,000 divided by 260 working days = $230.77 per day, times 30 days = $6,923 in lost wages.
Hourly rate times hours missed equals lost wages. At $22 an hour over 3 missed weeks of 40-hour schedules: $22 times 120 hours = $2,640. If your pay stubs show a consistent pattern of overtime, include it. The documentation needs to show the pattern, not just the claim.
Annual salary divided by 52 weeks, times weeks missed, equals lost wages. Alternatively: annual salary divided by 260 working days, times days missed. Either formula works; use one and stick to it. Your employer should provide a letter confirming your salary, normal hours, and your specific absence dates.
Self-employed claimants document income loss with their last one to two years of tax returns, typically Schedule C or business returns, to establish average earnings. Calculate average weekly or daily net income, then multiply by days missed. Specific contracts or jobs canceled because of the injury are the most persuasive evidence, because they attach a real dollar figure to a real lost opportunity.
Lost wages in most claims means gross wages, not net take-home pay. Some attorneys also add the value of employer benefits that lapsed during the absence: health insurance premiums, retirement contributions, accrued leave consumed. If you lost coverage while you were out, document the cost and add it. Keep each component separate with its own supporting figure.
If the injury permanently limits the kind or amount of work you can do, you may have a lost earning capacity claim on top of your wage loss claim. The two are separate. A vocational rehabilitation expert reviews your pre-injury earnings history and your post-injury limitations to project the lifetime income gap. The claim is most substantial in spinal cord, TBI, and other permanently disabling cases, where the projection can run into the millions. See how settlements are calculated for where this fits.
Lost wages are one piece; the pain and suffering calculator covers the rest.
Yes, in most states. If you used earned sick leave or PTO because of your injury, you are still entitled to recover that income as part of your damages, because you consumed a benefit you would otherwise have retained. Document the leave used and its cash equivalent.
Pay stubs covering 6 to 12 months before the injury establish your normal earnings. A letter from your employer confirming your position, wage rate, and absence dates confirms the missed time. Tax returns are essential for the self-employed. Medical records linking your absence to the injury tie everything together.
Unemployed claimants can still claim lost wages if they can show they had a job offer, were actively seeking work, or had a clear history of employment and earnings before the injury. The claim is harder to document but not impossible. Students and stay-at-home caregivers may claim the value of services they can no longer perform.
Generally, physical injury settlements are not taxable under federal tax law, including the lost wages portion when it is part of a physical injury claim. However, separately awarded punitive damages and some emotional distress damages may be taxable. Tax rules are complex; consult a tax professional about your specific settlement.