FAQ: How do I calculate lost wages for a minor neck and back injury in Maryland?

Short answer: Track the hours or days you missed because of emergency room (ER) visits and physical therapy (PT), document your normal earnings (hourly rate or salary), include any overtime or shift differentials you actually lost, and multiply the missed work time by your regular pay rate. Keep complete records (pay stubs, employer letters, medical appointment notes). If you are self-employed, use tax returns, invoices, and profit-and-loss records to show reduced income. Consult a Maryland attorney to confirm how payments you received from sick pay or other sources affect your claim.

Detailed answer — step-by-step guide

1. Decide whether you should claim wage loss as part of a tort (car crash, slip-and-fall) or workers’ compensation claim

   If your injury happened at work, you may have a workers’ compensation claim through the Maryland Workers’ Compensation Commission (wcc.state.md.us). If the injury was caused by someone else (a driver, property owner), you pursue a personal injury claim against that party or their insurer. The documentation and proof needs are similar, but rules and deadlines differ, so pick the correct path first.

2. Start with gross earnings — not net

   When proving lost wages you normally show gross earnings (your pay before taxes and withholdings). Insurers and Maryland courts generally look at gross lost earnings as the baseline for economic damages. Keep pay stubs, W-2s, or payroll records. If unsure about tax effects, an attorney can advise whether a net calculation is necessary in your situation.

3. Calculate hours or days missed

   Separate absences into full workdays/hours you missed and partial day absences due to appointments. Examples:

   • ER visit day: count time you would have been at work. If that day included an 8-hour shift you missed entirely, use 8 hours. If you missed only part of the shift, count only the hours missed.
   • PT appointments: count the time you were away from work for the appointment, plus reasonable travel and recovery time if it prevented you from working a full shift.

4. Multiply missed time by your wage rate

   Hourly employee: multiply missed hours by your hourly rate. Include overtime pay only for hours you actually lost that would have been overtime. If you normally work 40+ hours and the missed hours were overtime-eligible, include the overtime rate.

   Salaried employee: convert salary to a daily or hourly equivalent. Common conversions: weekly salary = annual salary ÷ 52; daily = weekly ÷ number of days you normally work per week (commonly 5); hourly = daily ÷ daily hours. Use your employer’s normal work schedule.

5. Include lost bonuses and fringe benefits when appropriate

   Loss of commissions, shift differentials, or earning opportunities that you actually lost because of the injury can be part of lost-earnings claims. Some fringe benefits (like retirement contributions tied to pay) may also be compensable; include documentation showing the monetary value. Keep in mind valuation may require documentation or expert help in a large claim.

6. Self-employed or 1099 workers

   Demonstrate actual income reduction using recent tax returns (Schedule C or Forms 1099), bank statements, invoices, client statements, and a profit-and-loss ledger. Show the difference between expected income and actual income during the recovery period. For short interruptions, contemporaneous invoices and client communications are useful proof.

7. Handling paid leave, sick pay, or employer wage continuation

   If you used paid sick leave or PTO while you missed work, document that fact. In many cases you can still claim lost wages even if you were paid by your employer, but who ultimately keeps that recovery depends on whether an employer has a right to be reimbursed. Insurers often treat employer-paid wages as a collateral source. Ask an attorney how Maryland law and your employer’s policy interact with any recovery.

8. Mitigation and return-to-work

   You must make reasonable efforts to return to work as soon as your doctor allows. If you refuse suitable work, an insurer or the court may reduce your recoverable wage loss. Keep return-to-work notes and communications with your employer.

9. Document everything

   Key documents to gather:

   • Pay stubs and W-2s (or tax returns for self-employed)
   • Employer letter confirming your rate, schedule, and dates/hours missed
   • Medical records showing dates and durations of ER visits and PT sessions
   • Appointment logs, receipts, and transportation records
   • Timesheets, scheduling history, and written communications with employer

10. Example calculation (hypothetical)

    Facts: You are an hourly worker who earns $25/hour. You missed 1 full 8-hour shift for the ER visit and 6 PT visits lasting 1 hour each; travel took another 30 minutes per PT visit. Calculation:

    • ER: 8 hours × $25 = $200
    • PT: 6 sessions × 1.5 hours (appointment + travel) = 9 hours × $25 = $225
    • Total lost wages = $200 + $225 = $425

    Adjust for overtime, bonuses, and any paid leave you used, per documentation.

11. What insurers and courts will want to see

    Insurers want clear proof tying missed work to medical care. Courts will look for contemporaneous records and credible testimony. Without documentation, you may get a lower settlement or no recovery for wage loss.

Helpful hints

• Keep a written log of every appointment, travel time, and hours missed from work with dates and times.
• Ask your employer for a signed letter stating your pay rate, normal schedule, dates missed, and whether they paid you while you were out.
• Keep medical records that show appointment dates and times. ER records commonly show arrival and discharge times—use them to justify hours missed.
• For self-employed people, back up income drops with bank statements and invoices and consider a short sworn statement explaining your lost contracts or hours.
• Save receipts for transportation costs tied to appointments; although not the same as wage loss, they may be reimbursable as out-of-pocket expenses.
• Don’t sign insurer releases that settle “all claims” without confirming the wage-loss amount and whether you used paid leave — get legal advice first.
• Visit the Maryland Department of Labor for state wage and hour information: https://www.dllr.state.md.us
• If the injury occurred at work, contact the Maryland Workers’ Compensation Commission for procedures: https://www.wcc.state.md.us

When to get legal help

For a small, straightforward lost-wage claim you can sometimes negotiate with the insurer using the documents above. Get a Maryland personal injury attorney if the insurer disputes entitlement, the amount is significant, you face an offset or subrogation issue with your employer, or you are uncertain how paid leave affects recovery.

Disclaimer: This article explains general information about calculating lost wages in Maryland. It is educational only and not legal advice. Laws change and every case is different. For legal advice about your situation, contact a licensed Maryland attorney.