How Can I Prove My Lost Wages?
If you have been involved in an accident on the road or anywhere else, you could sustain severe injuries that may keep you from working. Being out and away from work means you don’t get paid for the time you have missed. Depending on the type of accident and the severity of the injuries, you may be away from work for a very long time and this poses the question of how to recoup the amount lost. Recouping the amount you could have earned in the absence of the injury may be key to your financial stability and this is why scheduling a meeting with experienced personal injury attorneys is essential.
Under the law, money lost from not being able to work due to an accident is referred to as lost wages. The law has also made provisions on how they can be recovered, with the help of an Indianapolis injury attorney.
In this article, we would be looking at how you can prove lost wages to help you file your claim and how it can assist your case, but first, let us understand what lost wages are.
What Are Lost Wages?
Lost wages is money you would have been paid for going to work but did not receive because you were away, trying to recover from an accident. The period in view when looking at lost wages covers from the date of the accident to when the issue is settled in court or any other form of settlement is reached or until you are well enough to resume work. From the simple definition, we can pick out some facts to help understand better.
- The person filing for lost wages must have had a paying job before the accident
- The wages lost was due to the accident and nothing more
- The period of lost wages covers from the day the accident happened to when the matter is resolved or till when you are back to work.
Your lost wages is money you would have earned during that particular period. So, when filing for lost wages, you have to calculate your
- Base Pay: this is your basic pay per hour multiplied by how many hours you work in a day. When filing for claims, you should multiply what you would earn in a day with the number of days you were away.
- Overtime: this is money you would have earned for working overtime have you been coming to work.
- Sick days: since you were recovering from your injuries, you must have made use of your sick days. You also deserve to be paid for those days you have used.
- Bonuses: you can also demand to be paid for bonuses you would have earned had you been fit to go to work.
- Perks: this includes benefits you would have earned from your employer to help manage your base pay better. You also have a right to recover this.
Besides this, you can also calculate every other money that you would have been paid during your period of absence.
You can file a lost wages claim against your insurance company or the other driver that was at fault.
To successfully file a claim for your lost wages, you would need to present proof along with your claims to show that you have indeed lost wages.
The first piece of proof you need is a report from the doctor that would spell out why you missed work, the kind of injuries you sustained, and how long it would take you to recover. Since you may not have had time to inform your workplace before checking into the hospital, the report serves as solid proof as to why you were away and is also proof that you were involved in an accident and the nature of injuries you sustained.
Another thing you would need to present is a recent copy of your paycheck to see how much you were earning before the accident. If you have resumed work, then you would have to show a paycheck from before you the accident and after to provide a perfect picture of how much you have lost when you were away.
You should also attach a copy of your most recent tax returns or W-2 which would show how much you received as income and would provide an idea of how much you are entitled to.
This is a letter from your employer to help you prove that you lost wages. The letter from your employer would include important details like the title of your job, when you began working, hours you work in a day and how much you earn per hour, lost perks and bonuses, how much you are paid for overtime, how many days you were away, and a statement that you were employed at the time of your accident. Sometimes, getting this letter from your employer is not always easy but an Indianapolis injury lawyer can assist you in getting this with ease.
What If You Are Self-Employed?
If you are self-employed, you also have a way to prove your income. You can present a copy of your tax returns, along with other proof of business, including invoices, bank account statements, and any other thing that would show how much you would have earned during the period you were away.
Why You Need A Lawyer
If you have been involved in an accident, you would need an Indianapolis injury lawyer to help you with your claims against the other party. One of the things they can help you with is to collect your lost wages. Lost wages are something most people forget when making their claims but it is very important because it is something you are entitled to. Your lawyer would make sure you have every necessary document that would help your case and would also be ready to represent you in court, if necessary, to make sure that you receive what is due to you.
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