Detailed Answer

If you missed work because of emergency room (ER) visits and physical therapy (PT) for a minor neck or back injury, you can usually recover the wages you actually lost as part of a personal injury claim. Under West Virginia law personal injury claims generally must be brought within two years of the injury or discovery of the injury. See West Virginia Code §55-2-12 for the statute of limitations: https://code.wvlegislature.gov/55-2-12/.

What counts as recoverable lost wages?

• Past lost earnings: pay you actually lost because you missed hours, days, overtime, shift differential, commissions, or bonuses you would have earned but for the injury.
• Lost fringe benefits directly tied to hours worked: some benefits (like employer-paid retirement contributions or paid time off) can be part of a claim if you lost them because you missed work.
• Lost future earnings: only if your injury causes a measurable reduction in your future earning capacity. For minor, short-term injuries this usually does not apply.

How to calculate lost wages — step by step

1. Start with gross pay rate. For hourly workers, use the hourly rate. For salaried employees, divide the annual salary by the number of work days or work hours per year to get an hourly or daily rate.
2. Multiply the rate by the hours or days missed for ER visits, PT appointments, and any recovery time required by the doctor. Include overtime and shift premiums you would have earned if applicable.
3. Add any lost bonuses or commission amounts reasonably attributable to the time you missed (if supported by employer records).
4. For self-employed persons, use documented income such as recent tax returns, invoices, 1099s, bank deposits, and client records to demonstrate income lost during the period you were unable to work.
5. Include reasonable travel time to medical appointments and any recovery time the treating provider says was necessary (documented in medical notes).
6. Sum the totals to get past lost wages. If seeking future lost earnings, present a credible economic calculation (often prepared with help from an accountant or economist) showing the expected loss.

Simple example calculation

Example facts (hypothetical): hourly employee at $20/hour, 8-hour shift.

• ER visit: missed one full workday = 8 hours × $20 = $160
• Six PT sessions: each required leaving work 2 hours. 6 × 2 = 12 hours × $20 = $240
• PT travel time: 0.5 hour each way per appointment = 1 hour × 6 = 6 hours × $20 = $120
• Total past lost wages = $160 + $240 + $120 = $520

Documentation you need

To convince an insurer, employer, or a court you must support your claim with contemporaneous, clear records:

• Pay stubs covering the missed period and recent history.
• Employer verification or letter showing your usual schedule, hourly/salary rate, overtime/bonus practices, and confirmation of time missed and unpaid time.
• Time cards, punch records, or payroll reports.
• ER records and discharge paperwork showing dates and times of visits.
• Physical therapy notes showing dates and duration of appointments and medical necessity.
• Medical notes stating any recommended rest or restricted work duties tied to appointments or recovery.
• For the self-employed: invoices, client communications showing lost jobs, tax returns, and business bank records.

Practical legal considerations under West Virginia law

• Statute of limitations: bring a claim promptly. See West Virginia Code §55-2-12: https://code.wvlegislature.gov/55-2-12/. Waiting too long can bar recovery.
• Duty to mitigate: you must take reasonable steps to reduce your losses (for example, return to work if your doctor clears you, or accept suitable alternative work).
• Net vs. gross: you should document gross lost wages (total earnings lost). Adjustments (taxes, mitigation) may be addressed during settlement negotiations or trial; counsel or an accountant can show net loss if needed.
• Minor injuries with brief missed time typically produce claims limited to past lost wages and out-of-pocket expenses (medical bills, travel). Expect insurers to closely review documentation for every missed hour.

How to present a wage claim

1. Create an itemized statement: date, hours or days missed, rate, and line-item total for each absence or appointment.
2. Attach supporting documents: pay stubs, employer letters, medical records, PT notes, receipts for parking or mileage.
3. Send a demand to the insurer or responsible party (or include this information with a claim). Keep copies of everything.
4. If the insurer disputes your claim, gather additional corroboration (coworker statements, shift schedules, or workplace time logs).

Because calculations and presentation can affect the value of a claim, many people consult a lawyer to review documentation and negotiate. This article explains the steps and the type of proof typically required but does not replace tailored legal advice.

Disclaimer: This is general information and not legal advice. For advice about your specific situation, consult a licensed attorney. This article does not create an attorney-client relationship.

Helpful Hints

• Start saving records immediately: screenshots of schedules, pay stubs, and any written employer communications help later.
• Ask your employer for a written confirmation of missed time and the normal pay or benefits you lost.
• Document each medical appointment: date, time in/out, who treated you, and copy of the visit note showing medical necessity.
• Keep a contemporaneous log: note arrival and departure times for appointments, travel time, and recovery time at home.
• For salaried employees, calculate a daily or hourly equivalent based on your contract or typical hours worked; ask payroll for help if needed.
• If self-employed, back up invoices with client emails or cancellation notices to show lost business tied to your missed work.
• Track out-of-pocket expenses tied to medical care (parking, mileage, meals if needed) — they can be claimed separately as damages.
• If an insurer requests a signed release or recorded statement, consider speaking to a lawyer first; keep accurate records of all communications.
• Meet deadlines: know the two-year limitation under West Virginia law and act early to preserve rights. See W. Va. Code §55-2-12 for more detail.