You and your loved ones rely on your paychecks every pay period. Missing even a single payday can put enormous financial strain on your family. Unfortunately, car accidents often result in injuries that put victims out of work—and that means no paychecks for weeks, months, or even years.
At Douglas & London, we believe that victims of car accidents caused by others’ negligence deserve full compensation for their losses, and that includes their lost wages in addition to their medical bills. It’s not your fault you became too injured to work, and you shouldn’t have to pay the price for someone else’s carelessness behind the wheel.
If you’re too hurt to work and are missing the paychecks you need, don’t wait another day to get the help you deserve. Contact our New York car accident lawyers today for a free consultation.
Calculating Lost Hourly Wages: Hourly vs. Salary
When calculating lost wages after a car accident, it’s important to determine whether you earn an hourly wage or a salary. Workers with both types of pay schedules are eligible for lost wage compensation, but the process by which they’re calculated is different:
- Hourly Workers: Lost wages are typically calculated based on your hourly rate multiplied by the number of work hours missed due to your injury. Overtime, tips, and shift differentials may also be factored in if you regularly earn them.
- Salaried Employees: Lost wages are usually calculated by determining your daily rate based on your annual salary and multiplying it by the number of workdays missed. For example, if you earn $78,000 per year and miss 10 workdays, the calculation would involve your approximate daily rate.
Determining your lost wages isn’t always 100% straightforward. Having an experienced NYC car accident lawyer on your side can help you determine exactly how much money you’re owed.
What About Lost Benefits?
Lost wages don’t just include the money you would have earned—they can also cover lost employment benefits such as:
- Health insurance contributions
- Retirement plan matches, such as a 401(k)
- Bonuses and commissions
- Paid vacation or sick leave used due to the accident
If your injury forced you to use paid time off or caused you to miss out on performance bonuses, those financial losses may be recoverable as part of your claim.
Are My Future Lost Earnings Included?
Yes. If your car accident put you out of work for a long period, future lost earnings can be part of your compensation. This typically applies if:
- You can no longer return to your previous job.
- You can work, but not in the same capacity or for the same pay.
- You suffer a long-term or permanent disability that affects your earning potential.
Calculating future lost wages may require the input of vocational experts, medical professionals, and economists who can estimate how your injuries will impact your long-term career trajectory and earnings.
What If I’m Self-Employed?
Self-employed workers in New York can also recover lost income, but the calculation can be more complex. You may need to provide:
- Tax returns from previous years
- Invoices and contracts
- Bank statements showing business income trends
In many cases, self-employed workers must show a clear pattern of earnings to prove how much business they lost due to their injury. Financial experts may also help establish estimated losses, especially if the accident caused missed client opportunities or delayed projects.
What Documentation Do I Need to Prove My Lost Wages?
Documentation is important for all aspects of car accident claims, especially when it comes to proving lost wages due to crash-related injuries. Some of the documentation you might be asked to provide to prove your losses includes:
- Pay stubs and tax records
- Employer’s written statement confirming missed work and pay rate
- Medical records verifying your injury and recovery timeline
- Timesheets, schedules, or work logs showing your typical hours
- For self-employed individuals: tax returns, client invoices, profit and loss statements
The more comprehensive your documentation, the stronger your claim will be. Your lawyer can help you collect, analyze, and present the necessary documentation to build the strongest possible case for you.
What If I’m Eligible for Disability Benefits?
If you’re eligible for disability insurance benefits, whether they’re through your employer, a private policy, or New York State’s disability insurance program, these benefits can provide some income while you’re unable to work due to your car accident injuries.
Here’s what to know about utilizing disability benefits when you’re too hurt to work and earn the paychecks you normally receive:
- Disability insurance doesn’t replace full wages. Typically, disability benefits only cover a portion of your lost income (often around 50-60%).
- You can still pursue full lost wages in a car accident claim. Disability payments help with immediate financial needs. However, they don’t limit your right to pursue full lost wages from the at-fault driver’s insurance.
- Your settlement may be adjusted based on your benefits. Your car accident settlement may be adjusted to account for benefits received through disability insurance, but in many cases, you are still entitled to recover the full difference between your total lost wages and what disability coverage provides.
- Documentation is key to success. If you’re receiving disability benefits, you’ll need to provide benefit statements and policy details as part of your wage loss claim.
Contact Our NYC Car Accident Lawyers Today
If you’ve been injured in a car accident in New York City, don’t leave money on the table. Lost wages can place a serious strain on you and your family while you recover.
At Douglas & London, our experienced NYC car accident lawyers can help you calculate the full extent of your lost wages, benefits, and future earnings to pursue the compensation you deserve. Contact us today for a free consultation to discuss your case and protect your financial future.