Detailed Answer

Disclaimer: This is general information and educational only. It is not legal advice. For advice about your particular case, consult a licensed Tennessee attorney.

What counts as lost wages

Lost wages are the income you did not earn because an injury prevented you from working. In a minor neck or back injury where you missed work for emergency room (ER) visits and physical therapy (PT) appointments, lost wages usually include:

• Regular hourly pay or salaried pay for hours/days you could not work.
• Overtime you would have earned during missed hours.
• Bonuses or commission tied to work you missed (if you can document them).
• Self-employment losses: invoice income, lost contracts, or reduced business capacity.
• Reasonable future lost earnings or loss of earning capacity if your injury has lasting effects.

What does not normally count

Items that usually do not count as lost wages include:

• Paid time off (PTO) or sick leave you used instead of missing pay—if your employer paid you, you typically did not suffer a monetary loss for those hours (though some claims try to recover the used leave balance; consult counsel).
• Speculative future income increases without reasonable proof.

How to calculate past lost wages — step by step

1. Gather documentation: pay stubs, W-2s, 1099s, time sheets, employer attendance records, employer statement confirming hours/days missed, and tax returns if self-employed.
2. Establish your normal pay rate: for hourly workers use the hourly rate; for salaried workers divide annual salary by the number of pay periods or annual work hours (e.g., salary ÷ 52 weeks ÷ usual weekly hours = hourly equivalent).
3. Count missed time: sum hours or days you missed because of ER visits, travel to medical care, and PT appointments. Be precise: partial days = hours missed. Ask your employer for a written verification of dates/times missed.
4. Multiply: hours missed × hourly rate = lost gross wages for hourly employees. For salaried employees, use the prorated daily or hourly equivalent.
5. Add overtime and lost commissions: if missed hours would have generated overtime or commission, document and add those amounts.
6. Adjust for payments received: if your employer paid you (PTO, sick pay, workers’ comp), you will need to track that and discuss with counsel how that affects recoverable loss.

Two quick examples

Example A — Hourly worker:

• Hourly rate: $18.00
• Missed time: 2 hours for ER visit + 3 hours for three PT sessions = 5 hours
• Lost wages = 5 × $18.00 = $90.00 (gross)

Example B — Salaried worker:

• Annual salary: $52,000
• Weekly salary equivalent: $52,000 ÷ 52 = $1,000
• Daily equivalent (assuming 5-day workweek): $1,000 ÷ 5 = $200/day
• Missed two half-days for PT appointments = 2 × $100 = $200 lost wages

Self-employed or irregular income

If you are self-employed or paid by 1099, document income loss with:

• Past tax returns (Schedule C), profit-and-loss statements, ledgers
• Invoices you could not complete or accepted jobs you had to cancel
• Bank deposits tied to business income

Calculate average weekly or monthly net income before the injury and multiply by the period you could not work. An accountant or vocational expert can provide a lost-earnings report if the amount is disputed.

Future lost wages and loss of earning capacity

If doctors say your neck or back injury will have lasting effects that reduce your ability to work, you may claim future lost earnings or diminished earning capacity. This usually requires:

• Medical records and prognosis from treating providers
• Evidence of prior earnings history
• Expert testimony (vocational expert or economist) to estimate future losses

Proof the court or insurer will want

• Pay stubs and W-2 or 1099s
• Employer statement confirming missed hours/days and pay practices
• Medical records showing dates and necessity of ER and PT visits
• Time logs, appointment cards, and travel records showing time lost traveling to care
• Tax returns and business records for self-employed claimants

Tennessee-specific considerations

State law and local procedure affect timing and proof. If you have a workplace injury, Tennessee workers’ compensation rules apply (see Tennessee Department of Labor & Workforce Development: https://www.tn.gov/workforce.html).

For non-work injuries (car crashes, slip-and-fall), civil claims are governed by Tennessee tort law and court rules. Check the Tennessee Code and court resources at the Tennessee General Assembly site: https://www.capitol.tn.gov/. Filing deadlines (statutes of limitations) and procedural rules may bar claims if you wait too long, so do not delay investigating your claim.

Practical tips for maximizing and proving your claim

• Tell your employer exactly why you miss work and request written confirmation of missed days/hours.
• Keep all medical appointment notices, ER discharge papers, and PT receipts.
• Keep a contemporaneous log listing date/time missed, reason, length of time missed, and who you notified at work.
• Keep copies of pay stubs, tax forms, and invoicing records. Create clear summaries for an insurer or court.
• If your employer paid you with PTO or sick leave, keep records showing that payment. Discuss with counsel whether you can recover that amount or whether you must be compensated differently so you are made whole.
• For future losses, consider a vocational or economic expert to create a reliable estimate.

When to talk to a lawyer

If the insurer disputes your lost wages, you suffer ongoing restrictions, or the amount is significant, consult a Tennessee personal injury attorney to evaluate your documentation, explain how Tennessee law may apply, and preserve deadlines. If your injury occurred at work, contact a workers’ compensation attorney.

Helpful Hints

• Start collecting records immediately after an ER visit or PT appointment.
• Ask the ER or clinic to note work restrictions and dates in the medical record.
• Request an employer letter listing missed dates, hours, pay rate, and any PTO used.
• Use a simple spreadsheet to calculate missed hours and multiply by your rate; save it as evidence.
• Keep travel time to appointments in your log—this time can be part of lost wages if you missed work.
• Don’t assume PTO use removes your claim—ask a lawyer. Documentation matters.
• If self‑employed, preserve client communications showing cancelled work and prepare profit-and-loss summaries.

For Tennessee legal texts and statute lookup, begin at the Tennessee General Assembly site: https://www.capitol.tn.gov/. For state workers’ compensation information, visit the Tennessee Department of Labor & Workforce Development: https://www.tn.gov/workforce.html.

Remember: this page provides general guidance, not a substitute for legal advice tailored to your situation.