Charlotte Injury Lawyers Blog
Can I Get Compensation for Lost Wages in a Personal Injury Claim?
An accident can happen in an instant, and when it does, it can change your life forever. If you suffer serious injuries, you may need a lengthy hospital stay and rehabilitation time. Many people wonder what compensation they may be entitled to from the negligent party. In addition to your medical bills and other physical damages, you could be owed money for time you lost from your job. If you were unable to work due to your injuries, the negligent party could be required to pay for your lost wages.
Read it or hear it — either way, don’t miss it. 
What are Lost Wages?
When you suffer a serious injury, you may be unable to work for a period of time. During this time, you are losing your wages, which may impact your ability to pay your bills, such as rent, utilities, and food, among others. Lost wages are the accumulated amount of money you did not receive because you were unable to work. Lost wages are economic damages because they are monetary. Lost wages may include other compensation you receive from your employer, such as overtime pay, commissions, or bonuses, for example.
Calculating Lost Wages
The calculation of lost wages depends on whether you are a salaried employee, an hourly employee, or a contractor. You can determine the amount of money you lost based on the number of hours you missed times the hourly rate, for hourly employees. If you are a salaried employee, you will need to calculate your losses by breaking down your yearly salary to find your weekly base rate. Then you can multiply that by the weeks absent. Determining lost wages as a contractor is more complex since you will need to show your upcoming projects or assignments as well as the contract you had for payment.
Is PTO Recompensable?
PTO, paid time off, is a benefit that is provided to many workers by their employer. PTO may include sick days and vacation days, along with a certain number of days off that an employee may take as they please. Many companies have policies in place that require you to use your PTO time for extended sick leave. If that is the case, you must provide documentation that proves your use of accumulated PTO or vacation days. The negligent party should be responsible for paying all your damages, including your lost wages.
Who is Liable for Paying Damages for an Accident?
North Carolina utilizes the contributory negligence rule for personal injury cases. The negligent party is responsible for paying all damages if the accident was their fault. However, if you are even partially negligent for the accident, you are not allowed to collect damages on your claim. Damages include both economic and non-economic losses such as medical expenses, lost wages, and pain and suffering. The victim should be compensated for all their losses as a result of an accident that was not their fault.
If you were injured in an accident that was not your fault, you may be owed money. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the details of the accident and request a free initial consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.law.cornell.edu/wex/contributory_negligence
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