How to calculate lost wages after a minor neck or back injury in Montana

Disclaimer: This article is informational only and not legal advice. It explains common methods for documenting and calculating lost wages under Montana law. For specific legal guidance about a claim, contact a qualified Montana attorney.

Detailed answer — step‑by‑step guide to calculating lost wages

1) Understand what “lost wages” can include

Lost wages are the earnings you reasonably would have received but for the injury. For a minor neck or back injury that caused you to miss work for an emergency room (ER) visit and physical therapy (PT) appointments, typical recoverable items include:

• Regular wages or salary for hours/days missed.
• Overtime and shift differentials you would have earned.
• Commissions, bonuses, tips, or piecework tied to the missed time.
• Lost paid leave if you used sick or vacation time because of the injury.
• Reasonable value of employer‑provided benefits tied to pay (sometimes included as a percentage addition).
• If self‑employed: lost net business income (profit) that you can document.

2) Gather the documents you will need

Collect clear documentary proof. The stronger the records, the more persuasive your lost‑wage claim will be.

• Pay stubs covering at least several pay periods before and after the injury.
• W‑2s or 1099s and recent tax returns (especially for self‑employed workers).
• A written statement from your employer confirming the dates/times you missed and the amount you would have earned (signed by payroll or HR).
• Copies of time sheets, schedule, or shift logs that show the hours you normally worked.
• Medical records showing the dates/times of ER visits and PT appointments and any medical advice that required missing work (e.g., “patient should be off work for X days” or “avoid heavy lifting until X date”).
• Appointment confirmations, co‑pay receipts, gas or mileage records, and calendars that show travel and appointment duration.

3) Basic arithmetic method — calculate actual lost take‑home and gross pay

Start with a simple calculation for each missed day or partial day:

1. Hourly employee: Hourly rate × hours missed = gross wage loss for that day.
2. Salaried employee: Divide annual salary by number of pay periods or by work hours per year (e.g., annual salary ÷ 2080 hours) and multiply by hours missed.
3. Include overtime/shift premium that you would have earned on those specific dates.
4. For partial days (missed 3 hours of a 8‑hour day): prorate pay (hourly rate × 3).

Example: Hourly rate $20/hr, missed ER visit required 4 hours off work plus 1.5 hours travel and waiting. If employer requires you to be paid only for scheduled hours, list 4 hours lost = 4 × $20 = $80 gross. If you can show you missed an entire 8‑hour shift because of appointments, calculate 8 × $20 = $160.

4) Add benefits and payroll costs when appropriate

Many claims also include the monetary value of lost fringe benefits (health plan cost, retirement contributions tied to pay). Typical practice is to add a reasonable percentage (often 10–30%) to gross wage loss to reflect benefits. This approach depends on the facts of each case and how benefits are paid by the employer. Keep employer benefit summaries and payroll practices to support any benefit claim.

5) Self‑employed or 1099 workers — show income loss differently

If you are self‑employed, use these records:

• Profit and loss statements for the relevant period.
• Bank deposits linked to business income.
• Invoices that went unpaid because you missed work; client statements showing lost jobs.
• Tax returns (Schedule C) to corroborate typical earnings.

In many cases you calculate net income lost (not gross receipts) because expenses remain. Where necessary, a vocational or accounting affidavit can translate lost productivity into lost earnings.

6) Document travel time and recovery time

When you miss work to travel to an ER or PT appointment, include reasonable travel times and waiting times if they caused you to miss paid work. Keep mileage logs or receipts. For mileage, you may use the standard IRS mileage rate for a reasonable valuation of travel costs (see IRS guidance), or calculate actual costs.

IRS standard mileage reference: https://www.irs.gov/tax-professionals/standard-mileage-rates

7) Account for mitigation and employer policies

Montana law expects claimants to mitigate losses where reasonable. That means if your employer allowed flexible hours, remote work, or schedule changes and you unreasonably refused, an insurer or defense lawyer might argue you failed to mitigate. Keep written notes or emails requesting reasonable accommodations or schedule adjustments to show you tried to reduce lost time.

8) If you anticipate future lost wages

If PT is ongoing or your physician restricts duties in the future, you may have a claim for future lost earnings or diminished earning capacity. Estimating future losses generally requires:

• A medical opinion estimating work restrictions and duration.
• An employment or vocational expert to estimate loss of future earnings.
• Discounting future dollars to present value (usually handled by experts).

9) How insurers and courts typically view lost‑wage claims

Insurers want clear, contemporaneous documentation. They often accept employer letters and pay stubs. Courts require proof that the wages were actually lost and causally connected to the injury. In Montana, lost wages are a form of economic damages recoverable in personal injury claims; consult the Montana Code Annotated for general law on civil damages: https://leg.mt.gov/bills/mca_toc/.

10) Practical sample calculation

Scenario: You are an hourly worker earning $18 per hour. You missed one 8‑hour shift for an ER visit and two 2‑hour PT appointments during work hours over two weeks.

• ER: 8 hours × $18 = $144
• PT appointment 1: 2 hours × $18 = $36
• PT appointment 2: 2 hours × $18 = $36
• Subtotal gross wage loss = $216
• If you add a 15% fringe benefit estimate: $216 × 0.15 = $32.40
• Total claimed lost wages = $216 + $32.40 = $248.40

Support this with pay stubs, employer statement confirming missed shifts, and medical appointment records.

Helpful Hints

• Track time immediately. Use a phone calendar and appointment confirmations that show start/end times.
• Ask your employer for a written verification of missed time and the pay you would have received.
• Keep copies of pay stubs and tax returns. For self‑employed people, keep invoices and bank records.
• Record attempts to reschedule appointments outside work hours or to use paid leave, so you can show mitigation efforts.
• Save proof of travel (mileage, parking, tolls) and use the IRS mileage rate as a reasonable measure for vehicle expenses: https://www.irs.gov/tax-professionals/standard-mileage-rates
• Consider a brief billing or affidavit from your treating medical provider noting how much work time each appointment required; this helps link missed work to treatment.
• If your claim involves ongoing restrictions or lost earning capacity, consult a Montana attorney early. Complex future‑loss claims often need expert reports.
• For general Montana statutes on civil damages and procedure, refer to the Montana Code Annotated: https://leg.mt.gov/bills/mca_toc/

Keeping precise records and obtaining employer corroboration are the two most important steps for a credible loss‑of‑wages claim. If an insurer disputes your calculations, a Montana attorney can advise whether to prepare a demand package, engage a vocational or accounting expert, or pursue the claim in court.

Remember: this information is educational only and does not create an attorney‑client relationship. For advice tailored to your situation, contact a licensed attorney in Montana.