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How are my Lost Wages Determined after my Accident?
Accidents often cause severe injuries, forcing their victims to miss work while they recuperate and attend Doctor’s Visits. An injured person loses out on money during the recuperation process as they receive partial or no payment from their employer while they are out of work.
If you have been injured in an accident caused by someone else, you may be entitled to compensation for the wages you lost while recovering. This is an economic loss that a qualified attorney can help you seek compensation for. Here at the Ryan Injury Firm, we help you through the process of recovering your lost income and are ready to help you through each step of the way.
Depending on your level of income and employment status, there are a few things that you should take into consideration when calculating your lost wages.
Calculating Lost Wages
Lost wages are one of several types of economic losses for which you might seek compensation in a personal injury case. “Lost wages” are any income you lose as a result of your recovery time for an injury you received in an accident. These can play an important role in determining your overall compensation for an accident, so it’s important that you understand how they are calculated.
What To Know Before You Calculate
There are steps to take before calculating your lost wages so that you can make sure your case is well documented.
- Gather medical proof of your disability. You will need to prove that your absence of work is due to the accident and the injuries that you suffered. You will need a Doctor to diagnose you with injuries, confirm your injuries are related to your accident and state that the injuries prevent you from returning to work. These documents can help prove how much work you missed as a result of an injury you received in an accident.
- Gather income documentation. You should also be prepared to provide documentation of how much money you would have made in the time you took off from work to recover. Often, this will come in the form of a paystub, timecard, or tax form, depending on the nature of your employment.
Calculating Your Losses If You Are An Employee
If you are employed and are seeking compensation for lost wages, there are several main ways these wages are calculated:
- Hourly workers will need to multiply the number of hours of work they missed by the amount of money they earn per hour. For example, if you make $50 an hour and were absent for five days of work (each day being eight hours long), you will multiply your hourly income ($50) by the number of hours missed (40) to calculate $2,000 of lost wages per week.
- Salaried workers When you are a salaried employee and have lost income the calculation is very straightforward. You can provide documentation of the amount of wages you did not receive as a result of being unable to work due to your injuries. The general rule of lost wages is that the number of hours you miss from work should correspond with the number of days you have been written out of work by your treating physician. If your doctor excuses you from work for 2 months, you can make a claim for 2 months of lost wages. You should also expect to provide documentation from your employer in the form of a wage verification or affidavit, signed by the proper party (manager, supervisor or someone in Human Resources) that indicates the dates you missed from work, the hours you were scheduled to work on the days you missed, the amount of money you would have made if you had worked the days you missed and a breakdown of your pay.
Calculating Your Lost Wages When You Are Self-Employed
Determining lost wages when you are self-employed is not quite as straightforward as determining lost wages for an hourly or salaried employee. Because your income is not as regular, you will have to provide the court with your own proof of income and pricing system. This documentation will often come in the form of tax returns, 1099 forms, invoices, and correspondence with your clients. You will probably need to present a copy of your work calendar to show what work you had scheduled for the time you had to be off because of your injuries.
- Although it can feel overwhelming to calculate lost wages if you’re self-employed, we can walk with you through the process, answering your questions and providing helpful guidance along the way.
How does No-Fault Affect my Lost Wages Claim?
When you get injured in a car accident in New York, you will often file 2 separate claims: (i) a No-Fault claim for the first $50,000 of your medical expenses and lost wages and (ii) a Personal Injury claim/lawsuit against the other driver for your pain and suffering and any economic claim you have over $50,000.
- Under New York “No-Fault Law” the insurance carrier must reimburse you for your lost wages or income regardless of whether the accident was your fault. (New York Insurance Law section 5102). No-Fault will pay 80% of your salary up to a maximum of $2000 per month for a maximum of three years.
- If you earned more than $2,000 a month, your lawyer will have to claim the additional lost income from the other driver’s insurance policy in the lawsuit against the at-fault driver or owner of the other vehicle. You would only be entitled to economic loss in a car crash lawsuit if you exhaust the $50,000 in Medical Expenses, Lost Wages and other Reasonable and Necessary expenses (capped at $25 a day). If you have not exceeded $50,000 in Economic Loss, then your economic claim will be reduced to what your own No-Fault Carrier has paid you.
How does Worker’s Compensation Affect my Lost Wages Claim?
When you get injured in the course of employment you can file a claim with your employer’s Worker’s Compensation claim for your lost wages and for your medical bills.
- http://www.wcb.ny.gov/content/main/Workers/LostWageBenefits.jsp#:~:text=Lost%20wage%20benefits%20are%20not,you%20were%20unable%20to%20work.
- You may also have a claim against a 3rd party who caused your accident. This claim can be both for pain and suffering and economic loss. In order to determine how much economic loss you have, you must determine the difference between how much money you would have made if the accident hadn’t happened and how much you received from Worker’s Compensation. You should consult with an Injury Attorney to help you determine how much your lost wages claim is.
Call Ryan Injury Firm Today
If you or someone you know has lost income as a result of recovery time for injuries received in an accident that wasn’t your fault, you may be entitled to compensation for your lost wages. The personal injury lawyers at Ryan Injury Firm are ready to help. We’ve been representing clients just like you for many years, working to secure compensation and bring justice to every case we take on.
If you’re ready to partner with us, give Ryan Injury Firm a call today at (212) 441-4352.
Selected results
Outcomes that speak for themselves.
A selection of recent matters across New York City — the Bronx, Brooklyn, Manhattan, Queens, and Staten Island. Open any case to read how it was resolved.
Attorney advertising. Prior results do not guarantee a similar outcome — every case is different, and past verdicts and settlements are no guarantee of future results.
01 Trip-and-fall on a City sidewalk $2.946M
Our client tripped and fell on a public sidewalk in front of a private home in the City of New York. He missed a significant amount of time from work and needed surgery as a result of the accident. He was eventually awarded more than $2.946 million.
02 Trip-and-fall on a City sidewalk $2.25M
Our client tripped and fell on a public sidewalk in front of a private home. Our office found documents through Freedom of Information Law searches that established Prior Written Notice of the defective sidewalk, and the case settled for hundreds of thousands of dollars more than the City initially said it would pay.
03 City negligence in a Sanitation garage $1.85M
Our client was injured inside a Sanitation garage. We helped him obtain his three-quarter disability pension and a $1.85 million settlement. We pushed the case to trial and obtained a settlement well over the City’s initial offers.
04 Trip-and-fall inside a DSNY garage $1.325M
Our client was a DSNY Supervisor who fell inside the garage where he was stationed. He ultimately had surgery, was forced to retire, and received a three-quarter disability pension. After we found documents showing the City knew of problems inside that garage, the City paid $1,325,000 to settle while the case was on the trial calendar.
05 Rear-end collision $1.1M
Our client was injured in a rear-end collision. The defendant claimed our client’s prior injuries were the real cause of the accident and the surgery. Our firm won Summary Judgment on Liability and prepared the case for trial. The defendant eventually offered $1.1 million while the case was on the trial calendar.
06 Broken pavement in a Sanitation parking lot $939K
Our client was a DSNY employee who fell on uneven pavement in a DSNY parking lot. The City’s first offer was $100,000. We pushed the case to trial and settled for $939,000 while the case was on the trial calendar.
07 Pedestrian knockdown $775K
Our client was struck while crossing the street. The defendant testified that our client was outside the crosswalk. We tried the case, and the jury found the defendant 100% liable; our client recovered $775,000.
08 Trial by another firm’s referral $770K
Our firm was hired for trial by another firm. The defendant’s pre-trial offer was $50,000. Our firm obtained a liability verdict for the plaintiff, who recovered $770,000.
09 Kings County damages verdict $750K
Lead trial attorney on a $750,000 verdict in Kings County (Brooklyn). The defendant’s pre-trial offer was under $25,000. Mr. Ryan obtained a liability verdict holding both defendants responsible, then a damages verdict of $750,000.
10 DSNY supervisor trip-and-fall $675K
Our client was a Sanitation Supervisor who fell on uneven pavement in a parking lot. He eventually underwent surgery because of the accident. We obtained a settlement of $675,000.
11 DSNY worker injured by defective equipment $475K
Our client was injured by a defect in equipment provided to him. The City initially denied anything was wrong with the equipment, and a prior firm declined the case. Patrick Griesbach obtained a $475,000 settlement after depositions concluded.
12 Slip on ice in a parking lot $450K
Our client fell on ice in a parking lot. The defendants moved for summary judgment asking the court to dismiss the case. We defeated the motion and settled the matter for $450,000.
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