Detailed answer — what counts as lost wages and how to calculate them

“Lost wages” usually means the actual income you lost because you could not work. For a minor neck or back injury in Oklahoma, that typically includes:

• Past wages you actually missed (hourly pay, salary pro‑rata, tips, commissions).
• Pay for overtime or scheduled premium pay you lost because you missed shifts.
• Self‑employment income you could not earn (documented by invoices, profit/loss statements, and tax returns).
• Lost future earnings only if the injury affects your ability to work going forward (requires stronger proof).

Step 1 — Gather payroll and proof documents

Collect the concrete records that show what you normally earn and what you actually lost. Useful items include:

• Pay stubs for several pay periods before the injury (to show typical wages and overtime).
• Employer letter or payroll verification stating hours scheduled, hours missed, hourly rate or salary, and whether you were paid for missed time (PTO, sick leave, etc.).
• Timesheets, clock‑in/clock‑out records, and your work schedule.
• For self‑employed people: invoices, client statements, bank deposits, business ledgers, and federal tax returns (Schedule C or business returns).
• W‑2s, 1099s, or other wage reports if available.

Step 2 — Convert missed time into a dollar amount

Use clear, conservative math. Examples of common conversions:

• Hourly employee: hours missed × hourly rate = gross lost wages. If you normally earn overtime, calculate whether the missed hours affected your overtime threshold for that week.
• Salaried employee: convert salary to a daily or hourly equivalent. Typical methods: annual salary ÷ 52 = weekly pay; weekly pay ÷ scheduled hours per week = hourly equivalent. Or annual salary ÷ 260 = daily rate (assuming 5 days/week × 52 weeks).
• Self‑employed: lost gross receipts for the missed days or reduced weekly/monthly income shown on tax returns or business records.

Example calculation

Suppose you earn $20/hour, normally work 40 hours/week, and you missed the following because of your injury:

• ER visit that took 8 hours off work (includes travel and recovery)
• Three physical therapy sessions of 2 hours each (6 hours) and 1 hour total travel and waiting

Hours missed = 8 + 6 + 1 = 15 hours. Gross lost wages = 15 × $20 = $300.

If any of this time pushed you into overtime or cost you a guaranteed shift (or premium pay), calculate those losses too and show the payroll evidence.

Step 4 — Handling paid leave, PTO, or employer pay

If your employer paid you (sick pay, PTO, or continued full pay), you generally did not incur an out‑of‑pocket wage loss for those hours. In that case:

• You cannot normally claim the same hours as lost wages if you were fully paid.
• If you had to exhaust limited PTO (a valuable benefit), some claims seek compensation for the value of lost PTO, but insurers commonly dispute that. Keep records showing you used PTO because of injury.
• If your employer paid you but later seeks reimbursement (subrogation) from a settlement or insurer, keep clear records showing payments and any written agreements.

Step 5 — Document connection between appointments and the injury

To recover wage loss, you must show your time off was caused by the injury. Useful documentation includes:

• ER medical records showing visit date, diagnosis, and work restrictions.
• Physical therapy attendance records and notes that tie the therapy to treatment for the injury.
• Doctor notes stating that appointments or recovery time prevented you from working or required reduced duties.

Step 6 — Account for mitigation and reductions

Oklahoma law and insurers expect injured people to mitigate damages. Common reductions include:

• If your employer offered alternative work (light duty or remote options) and you unreasonably refused, the insurer may reduce your award.
• If you had paid leave that covered the hours, insurers will typically not pay additional wage loss for those hours.
• Insurers may verify that the missed work was medically necessary; routine or elective appointments not tied to the injury may be denied.

Step 7 — Presenting your claim to an insurer or opposing party

When you demand payment for lost wages, present a concise package:

1. Summary spreadsheet showing date, hours missed, hourly rate, and total lost gross wages.
2. Copies of pay stubs and employer verification.
3. Medical records showing dates of ER and PT visits and that the visits related to the injury.
4. If self‑employed, profit/loss or tax records to substantiate lost income.

Future lost wages and diminished earning capacity

For a minor neck/back injury that resolves with conservative care, future wage loss claims are rare. If you have ongoing restrictions, you will need medical evidence and possibly expert testimony tying that impairment to lost future earnings.

Timing — how long you have to act

Statutes of limitations and filing deadlines vary by type of claim (personal injury vs. workers’ compensation vs. insurance claims). Do not rely on this article for deadlines. If you have questions about time limits, consult an Oklahoma attorney promptly.

Important disclaimer: This article provides general information only and is not legal advice. For a legal opinion about your specific situation, consult a licensed Oklahoma attorney.

Helpful hints — quick checklist to document and claim lost wages

• Immediately request employer verification in writing: dates missed, hours missed, hourly rate/salary, and whether you were paid.
• Keep copies of every medical appointment record, intake form, and PT attendance sheet.
• Keep a daily log showing date, appointment time, travel time, missed work hours, and whether you used PTO or were unpaid.
• Use gross wages for your demand (insurers initially evaluate gross lost earnings).
• If self‑employed, back up your lost income claim with tax returns and client invoices.
• Don’t inflate numbers — conservative, well‑documented calculations settle more quickly.
• If your employer offered alternative work, document the offer and why you couldn’t accept it (doctor’s note helps).
• If an insurer denies wage loss, ask for a written explanation and preserve all correspondence.
• Consider a short consultation with an Oklahoma attorney before signing settlement papers. Even for minor claims, a lawyer can spot hidden deductions or waivers.