Managing Partner
If you suffer a fracture in an accident, the physical pain is just the beginning. You may need to skip work and deal with lost wages while you recover physically, even as the medical bills pile up. The good news is that if someone else’s negligence or wrongdoing caused the accident that led to your fracture, you may be entitled to claim compensation for your injuries and losses.
What Qualifies as Lost Wages in Personal Injury Cases?
Lost wages are the income you would have earned had you not been injured. This amount can include your regular salary or hourly wages, any bonuses you could have earned, any commissions you gave up, any overtime you would have worked, and even any vacation or sick days you had to use during recovery. If your fracture prevented you from working in any capacity, you can claim those losses as part of your personal injury compensation.
How Do Different Types of Fractures Impact Your Wage Loss Claims?
Not all fractures are the same. The severity and location of your fracture can significantly influence your recovery time and, consequently, the amount you can claim for lost wages.
A simple fracture in a non-weight-bearing bone could keep you from working for several weeks, while a complex fracture in your leg could keep you off your feet for months. And this injury may impact you more depending on your industry: A construction worker with a shoulder fracture may need to call off work entirely, while an office worker might be able to work while wearing a sling after a brief recovery period.
How Are Future Lost Earnings Calculated When Fractures Cause Long-Term Disability?
Some fractures, particularly those involving joints or the spine, could leave you permanently impaired and affect your earning capacity for years to come. With this sort of injury, you could lose earnings now and in the future, which you can calculate into your claim. In such cases, you will likely need testimony from a doctor who can talk about your long-term prognosis and from vocational experts who can assess how your injury will affect your job performance.
You will also need to factor in your age, education, skills, work experience, and pre-injury earning history when calculating your lost future earning capacity, as well as inflation and potential career advancement opportunities.
Can You Claim Lost Benefits in Addition to Wages?
Yes. Beyond your basic salary or wages, your compensation should include benefits, such as health insurance contributions, retirement plan contributions, stock options, profit-sharing, and other employment perks. These benefits can represent a significant portion of your total compensation.
How Can Overtime and Bonuses Affect Your Lost Wage Calculations?
If you regularly earned overtime or received performance-based bonuses before your injury, you should also factor the pay you get from those hours into your lost wage claim. This calculation typically uses your earnings history from the months preceding the accident to establish a pattern of additional compensation beyond your base pay.
As with workers’ compensation claims, the best way to calculate your average weekly wage is to take your total earnings for the 13 weeks prior to your injury, divide by 13, and use that figure as the basis for the weekly wage you’re claiming.
Get Help with Lost Wages Claims for Fracture Injuries with the Personal Injury Experts at Joshua E. Palmer Law Firm
If someone else causes you to suffer a fracture and you miss out on work because of it, let the personal injury attorney at Joshua E. Palmer Law Firm help you document and recover the fair compensation you deserve. Call us or fill out our online form for a free consultation. Don’t delay: Let us serve you today!
