Frequently Asked Questions
How are lost wages calculated for an injury claim?
Past lost wages = hourly rate × hours missed (W-2 employees) OR average daily/weekly profit (self-employed). Future lost earning capacity = annual income × percentage capacity reduction × remaining career years, discounted to present value at 3–6% (federal courts often use 4%). Include lost benefits - health insurance, 401(k) match, PTO accrual - typically 25–30% of wages per BLS Employer Costs for Employee Compensation.
How do I prove lost wages?
W-2 employees: pay stubs, W-2s for prior 2–3 years, employer letter confirming missed days and lost benefits, tax returns. Self-employed: tax returns (Schedule C), profit & loss statements, client invoices showing canceled work, expert testimony about industry standards. Document missed bonuses, commissions, overtime opportunities, and promotions you missed due to injury.
What if I lost my ability to do my job permanently?
You can claim "loss of future earning capacity" - the difference between what you would have earned and what you can now earn. Vocational expert testimony quantifies this: they assess your education, skills, work history, and impairment to project realistic future income. Awards for permanent capacity loss can be $500,000–$5M+ depending on age, profession, and severity.
Can I claim lost wages if I used PTO?
Yes. Used PTO has economic value - you no longer have those days banked for vacation, illness, or future emergencies. Most courts allow recovery of the dollar value of used PTO (your daily wage × days used). Document PTO usage with employer records. This applies to sick days, vacation, and personal time off used due to the injury.
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This calculator provides information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and individual circumstances. Do not rely on this tool for legal decisions. Consult a licensed attorney in your jurisdiction for legal advice.