Lost Wages

When you suffer an injury of any kind, your first thought should be on your recovery. When an injury results in the injured party being unable to work, the concern is often shifted away from recovery and onto financial worries. If you are no longer able to work because of an injury, even if it is for a short period of time, you can lose wages that you were depending on. While this is a concerning scenario, the good news is that with the help of a Long Island personal injury lawyer, you can recover those lost wages.

What are lost wages?

Lost wages refers to any amount of money that is lost as a result of an injury. If you work a non-salaried job, this can include hours not worked while you recover from your injury. If you have a long-term disability, lost wages can refer to the lost earning capacity if you cannot make as much money as you did before the accident. Additionally, lost wages can refer to lost opportunities. If you are unable to go on job interviews or meet with prospective clients as a result of your injury, the money lost from these circumstances can be considered lost wages.

Does my car insurance help with lost wages?

If you suffer an injury as a result of a car accident, your car insurance may allow you to collect lost wages. According to the DMV, the following types of insurance can be used to claim lost wages:

  • “Liability bodily injury coverage. If you were injured in a car accident due to another driver’s negligence, you would be able to submit a lost wages claim through the at-fault driver's bodily injury liability coverage.

  • Uninsured/underinsured motorist coverage. If you are hit by a driver without insurance or with inadequate coverage, you may also be able to collect lost wages under your uninsured or underinsured motorist coverage, if you have it.

  • Personal injury protection (PIP) coverage. Required in no-fault states and optional in some others, PIP pays for your injuries and lost wages up to your policy’s limits, without regard to fault.

    • With PIP insurance, you can collect against your own coverage even if you caused the accident.”

What do I need to apply for lost wages?

In any personal injury case, it is important to always keep all medical records of your injury. If your injury does not allow you to work, you must have a record of a doctor’s restriction of work activities.

To recover lost wages, you must also provide a list of your name, position, pay rate at the time of the accident, and hours missed because of the accident on your supervisor’s or human resources letterhead. If possible, you should also keep a copy of your paystubs. In addition to these items, you should also have a copy of your most recent tax return to help prove the amount of lost wages that you are entitled to.

Who is liable to pay for my lost wages?

In some circumstances, such as in a car accident, your own insurance may cover lost wages. However, if another driver is at fault or you become injured due to another party’s negligence, it is important to contact a Long Island personal injury attorney about your case. A consultation with The Odierno Law Firm, P.C. is free and we can help determine the best next steps to take towards recovering your lost wages.