How To Make a Lost Wages Claim In Nevada
September 28, 2020
Imagine you are driving home after a hard day at work and then out of nowhere, a careless driver crashes into your car. Your vehicle is now totaled and you can’t move your left leg. Because you have a broken leg, you can’t go to work for many weeks and you won’t get paid. These injuries that you couldn’t have possibly foreseen result in a devastating financial burden. If you were a victim of an accident and you sustain injuries that make you miss work, you may be able to file a claim and get compensation for the wages you lost. Keep reading to find out how to make a lost wages claim.
What Are Lost Wages?
In a personal injury case, lost wages refer to the money you could have earned at work from the time of the accident to the date of judgment. Your injuries must have been caused by the accident in point and not from other events. You will be able to recover the lost wages you would have received if you hadn’t missed work because of the injury. This includes the time while you were receiving medical treatment and recovering from the injury.
However, you need to bear in mind that “lost earning capacity” and “lost compensation” are considered separately. This is because they are different types of damages. Lost compensation not only refers to lost wages. It also refers to other financial benefits that you could have earned if not for your injury (pay bonuses, etc).
How Is Loss Of Future Earning Capacity Different From Lost Wages?
Lost wages and loss of future earning capacity are two types of damages and are considered separately. Lost wages involve the income that was lost due to the time the victim was not able to go to work. In the majority of cases, this includes a specified period of time, like the time it takes to recuperate from the injury.
On the other hand, a loss of future earning capacity includes future earning abilities you can no longer use because of the injuries you suffered. The amount can be hard to assess because it is based on estimating what you would have earned if you haven’t been injured. It is important to note that this amount is assessed based on the loss of your ability to work and not on the loss of future wages.
What’s Covered Under Lost Wages?
You can estimate a total of your lost wages by adding up your missed work and multiplying it by the hourly rate. For example, if you miss 5 days of work, you multiply the daily number of hours worked by the hourly rate. Then by the number 5, for 5 days of lost work.
If you work overtime regularly you can include it in your claim. This counts as well if you are a seasonal worker that works overtime during the summer at a hotel, or during winter in a ski resort.
When you miss out on bonuses because of your injury, you can get compensation for it. You can prove it by showing documentation of previous bonuses. You can also ask your employer to make a report explaining how employees like yourself earn bonuses.
Injured people often are forced to use their sick days to be able to recover from their injuries. If it weren’t for your injuries, you would still have those sick days to use anytime. You have the right to get them compensated.
Vacation days may also have to be used to recover. If it weren’t for your injuries you would have been able to use those days for an actual vacation. You can ask the party at fault to compensate you for the value of your lost vacation days.
You might lose perks as well. Your company might have given you a cell phone, a car or a gym membership. The value of these perks can be claimed.
A lost wages claim may include tips. But, if you don’t normally report your tips, you wont be able to recover for them. You need to show your tips on your taxes or bank account deposits.
How to Submit a Lost Wages Claim in Las Vegas
Normally, you have three options to recover lost wages in a personal injury case:
- Make a request to your insurance company
- Make a request to the other driver’s insurance company
- File a personal injury lawsuit against the other driver
We highly recommend you to wait until you are near finishing your medical treatment and you are in a stable condition before filing a claim.
Before you submit a lost wages claim, you should be aware of what is covered under the terms of your insurance policy. The damages you will be able to recover will depend on the type of insurancee coverage you have:
Liability Bodily Injury Coverage
If the accident was caused by another person, you will be able to file a lost wages claim through their liability bodily injury coverage.
Uninsured Or Underinsured Motorist Coverage
When you make a request for lost wages to the insurance company, they will most likely ask you to:
- Take an independent medical examination
- Submit medical documents
- Have an employment authorization form to allow your employer to give your insurance company information about your job
It is important that you read all these forms carefully because it will give them access to your medical records and personal employment information. Make sure you include highly detailed and truthful statements about your lost wages when you submit a claim. If any of your supporting documents are inaccurate or incomplete you could have your lost wages claim denied.
How to Prove Lost Wages
When you submit your lost wages claim, you have to make sure to attach the following documents as proof:
- A doctor’s note: you must have had a real physical injury before being able to take time off work. You will need a doctor’s note where it details your disability and recommended time off of work.
- Paystubs: The easiest and most common way to prove lost wages. Provide your most recent paystubs before the injury took place. If you don’t have them, you can also submit W-2 or last year’s tax return. If the case is you are self-employed, you can submit last year’s tax returns to prove the amount of money you would have received during your recovery period.
- Letter from your employer: besides your paystubs, you need to submit a letter from your employer confirming very important details about the days you were absent, your pay, and how many hours you work.
Working With a Las Vegas Lost Wages Lawyer
Lost wages can be difficult to prove and this process is often very technical and complicated than other types of personal injury damages. An experienced attorney at Cogburn Law can help you evaluate your lost wages claim and determine how to obtain the maximum compensation. Call us now at (702) 748-7777 for a free consultation!
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I was hesitant about getting a lawyer for many reasons, however the entire staff at Cogburn reassured me that everything would be okay. They were always very attentive and provided detailed answers to any questions I had. I would like to thank the entire staff for all of your hard work, making sure that my daughters and I were compensated for the car accident, and making sure we received all the necessary treatment. You were awesome. If you need an attorney that won’t look at you as just another case, that’ll return your calls/emails I definitely recommend this team.