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    Proving Lost Wages in a Claim

    Boot about to step on nailLost wages are common when it comes to injury claims. Whether you have been in a car accident or have been injured at work, any time you cannot earn money while at work can be argued as lost wages. Simply put, lost wages can be quickly summarized as the money you would have earned had you not been injured. However, the time lost must be a result of the injuries sustained and those injuries must be related to the claim you are making.

    For instance, if you are injured at work but later have to miss a day due to migraines, that missed time does not count as lost wages, even though it was during the time you were recovering from the other injury. However, if you are suffering from migraines because of a head injury you sustained and you had to go to a doctor to be treated, that time would count toward lost wages. Recovery time also counts toward this, but only if it can be proven that it was due to the injury.

    As an example, taking an extra day to stay home because you are not feeling up to going back does not count. However, if you have a medical note saying you are not allowed to go back to work, this is covered. When it comes to these claim, the real burden is proving your lost wages.

    Supporting Documents

    To prove your lost wages, you must submit evidence, just as you would with a personal injury. The following documents must be in every case:

    • Doctor’s Note. In order to take time off to recover, you must have received medical attention. Simply claiming you fell and your ankle is broken is not enough, as conditions serious enough to affect time at work should also be serious enough to require medical attention. The doctor’s note should also include a recommended length of time for recovery, even if it will later need to be updated.
    • Wage Documents. The easiest way to prove lost wages is to submit pay stubs from before the injury. This will show how much you were earning prior to your injury. When you do not have pay stubs available, W-2s or tax returns can be used as proof.
    • Letter from Employer. Your employer must confirm important details in addition to your pay stubs. This should include your days absent from your job, your pay level and how many hours you work each pay period.

    If you were injured and had to miss work as a result of a workplace injury, contact our team today to get started on your claim.