As a general rule, if you are involved in an accident and as a result of injuries sustained in that accident, you miss work you can seek recovery for loss wages or income will have to be supported by medical proof that it was both reasonable and necessary for you to miss work as a result of your injuries. Therefore, if you are experiencing physical problems following an accident and as a result you are having either difficulty performing your work or you are not capable of performing your work, make sure that you get an opinion from a medical provider which addresses your ability to work as a result of the injuries you sustained in the accident. You should do this even if your employer tells you that you should take a few days off and see if you don’t feel better before you try to come back to work.
In some situations individuals work in jobs wherein it is difficult to figure out just exactly what their loss of wages or income will be. Examples wherein it might be more difficult to prove loss of income or wage would be an inability to work in a job wherein you are paid a commission on sales or your wages are dependent upon how much work you do in a certain period of time. In most of those situations proof of lost wage or income can be established by looking at your past earnings record or history. In certain situations it may become necessary to obtain records from your employer or past employers in order to establish your loss of wage or income.
If you are unable to work following an accident you need to keep a detailed record with regard to the amount of your lost time or income. If you regularly work overtime make sure that loss is included in your claim for lost wages or income.
If you suffer lost wages or business income following an accident you can seek recovery for the reasonable value of those lost wages or income from the date of the injury to the present time. If your injuries are such that your ability to earn money in the future is going to be affected you can seek recovery for the present value of the loss of future earning capacity. Loss of future earning capacity is the reduction in the ability to work and earn money generally rather than in a particular job.
Loss of time from a business is not measured solely by loss of profits from a business but it is measured by the value of a person’s own labor. Profits represent the gain from an investment in capital or business and the labor of others after payment of expenses. In most situations evidence of loss of profits will not be considered unless the evidence proves the value of the injured person’s services to his or her business as being distinct from the profits of the business itself.
In certain situations proof of loss of wage or income can be difficult. If you have questions in this area or you are uncertain as to how to go about proving your loss of income or wages, you should consult a knowledgeable lawyer.