Detailed Answer
This article explains, in plain language, how to calculate lost wages if you missed work for an emergency room (ER) visit and physical therapy (PT) appointments for a minor neck and back injury under Nevada law. It assumes no prior legal knowledge. This is educational information only and is not legal advice.
1) Which legal path applies to your situation?
- If your injury happened at work or during a work task, your claim likely follows Nevada workers’ compensation rules. See Nevada workers’ compensation statutes: NRS Chapter 616A (and related chapters).
- If your injury was caused by someone else (for example, a car crash, slip-and-fall by a third party), you would seek lost wages as part of a personal injury (tort) claim against the responsible party. See Nevada civil actions and damages: NRS Chapter 41 and Nevada statute of limitations for personal injury claims: NRS Chapter 11 (see generally NRS 11.190).
2) What counts as “lost wages”?
Lost wages generally means the income you actually lost because you could not work while obtaining medical care. That typically includes:
- Gross pay for hours or days missed (hourly wages × hours missed, or pro rata salary for time missed).
- Lost overtime you would have earned during missed hours.
- Lost commissions, shift differentials, or regularly earned bonuses tied to the missed pay period.
- In some cases, the value of benefits if the absence reduced your employer-paid benefits (this is claim-specific).
What usually does not count: typical future raises you would have gotten if unrelated to the injury, or speculative income without documentation. If you used paid sick leave or PTO to cover absences, you did not actually lose take-home pay; courts typically award what was economically lost.
3) Basic step-by-step calculation
Follow these steps to prepare a clear lost-wage calculation you can use in negotiations or a claim.
- Determine your gross hourly or salary rate. Use your regular gross earnings (before tax). For salaried employees, compute hourly equivalent: annual salary ÷ annual hours worked.
- List all missed time. Record each ER visit and PT appointment date and the hours you missed from work (include travel and recovery time if it prevented you from working).
- Multiply hours missed by gross hourly rate. For salaried workers, use the pro rata hourly rate. Add lost overtime at the overtime rate if those missed hours would have been overtime.
- Add lost bonuses/commissions if verifiable. If you missed a sales meeting and lost a commission you would have earned, include the verifiable lost amount.
- Subtract any pay you actually received. If your employer paid you for the missed hours (sick pay, PTO, or paid leave), you generally cannot claim that portion as a lost wage; instead, you may seek reimbursement for PTO used if the law or facts support it.
- Prepare supporting documents. Combine payroll stubs, employer verification, appointment records, medical notes, and a short calculation spreadsheet showing math and totals.
Example calculation (hypothetical)
Hypothetical facts: hourly employee earning $22/hour. ER visit on Monday caused full 8-hour absence. Three PT appointments (2 hours each) required missing 6 net work hours (2 hours each, prorated). Employer did not pay for missed time.
- ER: 8 hours × $22 = $176
- PT: 6 hours × $22 = $132
- Total lost wages = $176 + $132 = $308 (gross)
If any of that time would have been overtime, compute the correct overtime rate and use that for those hours.
4) Documentation you need
Good documentation makes a lost-wage claim credible. Collect:
- Employer payroll records and recent pay stubs.
- A written employer verification (on company letterhead) stating dates/hours missed and whether you were paid for those hours.
- ER and PT records showing appointment date/time and time spent (patient visit records or billing records).
- Doctor’s notes recommending treatment and limiting work if applicable.
- Timesheets, punch records, or email schedules showing missed shifts.
- Personal contemporaneous log describing travel time, wait time, and recovery time lost from work.
- Tax records (W-2 or recent pay stubs) to corroborate earnings if necessary.
5) Special situations
- If you used PTO or sick leave: If you used paid leave, you did not suffer an out-of-pocket wage loss for those hours, but an insurer or defendant sometimes reimburses used PTO if the claim is successful — that depends on the facts and the law in the case.
- If you are paid salary: Use a reasonable pro rata hourly rate. Show how you computed the hourly equivalent and include employer records.
- If your employer disputes hours or pay: Keep call logs, emails, and written requests for verification. An employer letter that confirms missed hours is strong evidence.
- Workers’ compensation claims: If the injury is work-related, Nevada’s workers’ compensation system controls how wage loss benefits are calculated and paid. File the claim promptly and consult the workers’ compensation statutes at: NRS Chapter 616A.
6) Timing and deadlines
For non-work-related personal injury claims, Nevada’s statute of limitations for injuries is time-limited (commonly two years for many personal injury actions), so do not delay pursuing the claim. See Nevada statutes on limitations: NRS Chapter 11 (see NRS 11.190 and related sections).
7) When to consider legal help
Consider talking to an attorney if any of these apply:
- The insurer denies liability or disputes the hours you missed.
- Your wage loss includes commissions, bonuses, or overtime that are hard to document.
- You used PTO and want to seek reimbursement or have complicated benefit-loss claims.
- You may have a workers’ compensation issue involving ongoing lost-time benefits.
An attorney can help gather proof, calculate lost future earnings where applicable, and explain statutory rules that affect damages.
Relevant Nevada statutes and resources
- Workers’ compensation statutes and rules: NRS Chapter 616A (Nevada Revised Statutes).
- Civil actions and damages: NRS Chapter 41.
- Statute of limitations for personal injury: NRS Chapter 11 (see NRS 11.190).
- Nevada wage and hour laws (employer payment rules): NRS Chapter 608.
Helpful Hints
- Start documenting immediately after the ER visit. Record dates, times, and how the appointment prevented you from working.
- Get an employer letter confirming missed time and whether you received pay for those hours.
- Keep appointment cards, billing statements, and medical records that show visit length.
- Use gross wages (before taxes) when calculating lost wages unless a legal advisor tells you otherwise.
- If you normally earn overtime or commissions, include those losses with supporting pay history.
- If you used PTO, keep PTO records and ask your employer whether reimbursing used PTO is an option in settlement talks.
- For workplace injuries, report the injury to your employer immediately and file a workers’ compensation claim timely.
- Retain copies of all communications with insurers, employers, and medical providers.
- If the insurer disputes your claim, consider a consultation with an attorney experienced in Nevada personal injury or workers’ compensation law.
Disclaimer: This is general information only and not legal advice. It does not create an attorney-client relationship. For advice specific to your circumstances, consult a licensed Nevada attorney.