Understanding Lost Wages After You Were Injured In an Accident

When some injured workers are no longer able to clock in, they assume they are out of luck. But there are provisions in place to ensure that accident victims receive the lost wages they are entitled to.

Because filing a claim can be complicated, Hoffman Law Firm’s personal injury attorneys are here to help! If you’ve been injured, contact our team today to schedule a free consultation.

How Are Lost Wages Defined?

Lost wages refer to the money and benefits an injured worker would have received from the time of their accident to the time of the case’s settlement. Lost wages include the following:

  • Hourly wages
    This is calculated by multiplying your hourly wage by the number of hours you work per day, then multiplying by the number of days you were unable to work.
  • Overtime
    Workers who typically clock overtime hours can include overtime in their claim, using pay stubs as documentation.
  • Bonuses
    If an injured worker was due for a bonus, it’s important to include this as well. Documentation of past bonuses is needed.
  • Sick and vacation days
    An injury will likely cause a worker to burn through their sick days and vacation days, even though that is not what those days are designated for. You are entitled to the fair value of these days.
  • Company perks
    If your employer provides benefits like a company cell phone, company car, gym membership, etc, you may be able to claim their value.
  • Tips
    Only include tips on your claim if you report them and pay taxes on them. 

How Are Lost Wages Calculated in South Carolina?

Lost wages are determined using your pre-tax earnings, not the amount you take home. For instance, if you earn $500 a week (before taxes) and missed 4 weeks of work, you are entitled to $2,000 in lost wages. These calculations can become tricky if your injury will prevent you from working long-term, so it is best to consult an attorney.

Ways You Can Prove Lost Wages After Your Injury 

If you have been hurt at work in Charleston or injured in a car accident, the lawyers at Hoffman Law Firm can help you file your claim. To prove lost wages, you will need the following documentation:

  • W-2 from the last tax year
  • Paystubs or wage verification from your employers
  • Self-employment documentation, if applicable (tax returns, banking records, accounts receivable, etc)

It may also be helpful to include other relevant employment details, such as:

  • Job title and date hired
  • Days or hours of work missed
  • A statement that you were employed at the time of the incident
  • Typical number of hours worked per week
  • Rate of pay
  • Typical overtime hours and rate of pay
  • Lost perks

Loss of Earning Capacity 

Loss of earning capacity occurs in the event of a permanent disability that completely prevents you from working – or from working in the manner you did prior to your accident. Loss of earning capacity is based on:

  • Profession
  • Education
  • Location
  • Work history/performance
  • Current wage rates
  • History of promotions, pay increases, additional training, etc.

Proving loss of earning capacity can be difficult because it requires looking to the future – and the injured workers’ ability to work in the years to come. The lawyers at Hoffman Law Firm, LLC can help determine if you are eligible for compensation.

Trust Hoffman Law Firm to Recover Your Lost Wages 

At Hoffman Law Firm, LLC, our Charleston personal injury attorneys understand how devastating an accident can be. While you are unable to work, our team’s job is to fight for the lost wages you are entitled to. Whether you’ve been injured in a car accident in Charleston or need to file a Workers’ Compensation claim, our team can help you get the benefits you deserve. To learn more about lost wages or to ask an attorney for advice about your case, call today to schedule your free consultation!

Get a Free Consultation