Detailed Answer

Short summary: To claim lost earnings for time missed for ER visits and physical therapy after a minor neck or back injury in Michigan, you must document the hours missed, establish your usual rate of pay (including overtime and regular benefits if relevant), tie each absence to the injury with medical records, and present clear proof to the insurer, employer, or court. For ongoing or future wage loss you may need a vocational or economic evaluation. This article explains step‑by‑step how to calculate past lost wages and the evidence you will need.

Step‑by‑step calculation for past lost wages (simple cases)

1. Gather proof of your wage rate: Pay stubs, an employer letter, an offer letter, payroll records, or tax returns. Use gross pay (before taxes) unless your insurer or contract specifically limits recovery to net pay. For hourly workers use the hourly rate; for salaried workers convert salary to an hourly or daily rate (annual salary ÷ number of work hours or work days per year).
2. Count the time missed because of the injury: Include time absent from scheduled work for the ER visit, wait time at the ER if it caused missed hours, time away for each PT appointment, and reasonable travel time required to attend those appointments. Round consistently (e.g., to the nearest 15 minutes) and document start/end times and appointment confirmations.
3. Compute basic lost wages:
   • Hourly employee: Hourly rate × total missed hours.
   • Salaried employee: (Annual salary ÷ 52 weeks ÷ work week hours) × hours missed, or (annual salary ÷ number of workdays per year) × days missed.
4. Add overtime and shift premiums if applicable: If you would have worked overtime or earned shift differential, include the additional pay you would have received. For variable schedules, average overtime/pay premiums over an appropriate prior period (e.g., last 6–12 months).
5. Include lost fringe benefits when applicable: Some claims include the monetary value of lost benefits (e.g., employer contributions to retirement plans, health insurance premiums paid by employer) if those were reduced because of missed work. Preserve pay statements showing employer benefit contributions.
6. Document any replacement income or PTO used: If you used sick time or vacation pay to cover an absence, document that PTO was consumed. In many Michigan injury claims you can recover the economic value of paid leave used because of the injury (because you lost that paid leave), but the way an insurer or employer treats it can vary. Keep employer records showing PTO balances before and after the injury and payroll records showing payments for those days.
7. Compile evidence tying the missed work to the injury: ER records, discharge paperwork, PT appointment notes, and your treating provider’s statement that the appointments and work absences were related to the injury. Insurers and courts require a causal link between the injury and lost earnings.
8. Final calculation example (hypothetical):

   Example: Hourly worker earning $22/hour missed 4 hours for an ER visit and three 1.5‑hour PT sessions (including 30 minutes total travel per appointment). Total missed hours = 4 + (3 × 1.5) + (3 × 0.5) = 4 + 4.5 + 1.5 = 10 hours. Lost wages = 10 × $22 = $220. If the worker lost a paid sick day that they ordinarily would have used later, document that PTO reduction separately—e.g., 1 day of PTO worth $176 (8 × $22) might be recoverable as part of economic loss.

Self‑employed or irregular income

For independent contractors or business owners, calculate lost earnings using recent tax returns, profit & loss statements, 1099s, bank deposits, and client invoices. Determine average weekly or monthly net income before the injury, then multiply by the period you were prevented from working. Keep contemporaneous calendar and client communications showing missed jobs.

Future lost wages and permanent limitations

If your injury causes ongoing lost earning capacity, you will likely need an economist or vocational expert to estimate future losses and convert them to present value. The expert will consider age, occupation, work history, expected wage growth, and medical prognosis. These claims are more complex and usually require attorney involvement.

Workers’ compensation vs. third‑party claims

Michigan’s Workers’ Disability Compensation Act governs wage replacement when an injury arises out of and in the course of employment. For statutory definitions and compensation rules see Michigan Compiled Laws, including MCL 418.301 (definitions) and MCL 418.361 (compensation for disability). For the statutory text, see:
MCL 418.301 and
MCL 418.361.

Workers’ comp has its own formula for weekly benefits and does not require proving fault. If your injury was caused by a third party (for example, a motor vehicle crash), you can pursue a third‑party personal injury claim for lost wages in addition to or instead of workers’ comp, depending on the facts.

What evidence to collect — checklist

• Pay stubs covering several weeks/months before the injury.
• Employer letter or payroll printout showing wages, hours, overtime rules, and PTO/sick leave balances and usage.
• Timesheets, punch records, or schedule showing you were scheduled to work.
• ER records and discharge papers showing date/time you sought care.
• Physical therapy appointment logs, receipts, or progress notes showing dates and length of visits.
• Provider notes that explain why the appointments and absences were necessary and relate them to the injury.
• Tax returns and profit & loss statements for self‑employed claimants.
• Any communications with employer about the missed shifts or use of PTO (emails, text messages, absence requests).

Practical tips and things to expect in Michigan

• Insurers frequently request precise documentation. Early collection of records speeds the claim.
• Keep contemporaneous notes of appointments, missed shifts, and any lost opportunities (e.g., canceled side jobs).
• If you used paid leave, record how that leave was applied and any resulting loss (e.g., decreased remaining PTO that you later had to purchase or lost vacation value).
• Insurers may want to verify with your employer; be careful to authorize only necessary disclosures and ask your attorney how to handle communications if you expect an insurance dispute.
• For small or straightforward past losses, a damages calculation and documentation package often resolves a claim without experts. For future or significant losses, consult counsel early.

When to talk to an attorney

Consider consulting an attorney if:

• Your wage loss is more than routine (several weeks of work or ongoing loss of capacity).
• A dispute arises about whether absences were related to the injury.
• You are self‑employed and the calculation is complex.
• Future earning capacity is in question.

Helpful Hints

• Start collecting documentation immediately after your ER visit or PT appointment—medical records often take time to obtain.
• Keep a contemporaneous diary (dates, times, reason for absence, appointment durations, travel time). Courts and insurers value contemporaneous records.
• Ask the ER and PT clinic for written appointment confirmations and visit durations. Use visit receipts showing time in/out when available.
• Get a short written note from a treating provider saying the patient could not work on specific dates or needed appointments during work hours because of the injury.
• If you used PTO, record the PTO deduction and request a written statement from payroll showing how your PTO balance changed due to the injury.
• Keep all bills and receipts for travel or parking tied to medical care—some of these can be recoverable as expenses in certain claims.
• For self‑employed claimants, create a simple invoice template and document every canceled job or client communication that proves lost work.

Disclaimer: This article is educational and informational only. It does not constitute legal advice, create an attorney‑client relationship, or substitute for advice from a qualified Michigan attorney who understands the full facts of your case. If you need legal advice about wage loss after an injury, consult a licensed attorney in Michigan.