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Detailed Answer: Calculating Lost Wages for a Minor Neck and Back Injury in Wisconsin

This article explains, in plain language, how to calculate lost wages when you miss work because of treatment for a minor neck or back injury (for example, an emergency room visit and ongoing physical therapy). It covers the kinds of income you can claim, how to document losses, simple calculation methods for different work situations, and what to expect under Wisconsin law.

Important legal timing note

If you plan to make a claim against an at-fault party, be aware of Wisconsin’s time limit for personal injury claims. Generally, actions for injuries to the person must be started within three years. See Wis. Stat. § 893.54: https://docs.legis.wisconsin.gov/statutes/statutes/893/54. Missing the deadline can bar recovery, so preserve records and get legal advice early.

What “lost wages” includes

• Gross pay for hours you could not work because of the injury and related treatment (ER, doctor, physical therapy).
• Overtime, shift differentials, commissions, and regularly received bonuses if you can show they were lost because you missed work.
• For salaried employees, a reasonable hourly equivalent of salary for hours or days missed.
• Self-employed people: lost net earnings or lost profits (not simply gross receipts). Use tax returns and business records to show losses.
• In some cases, lost fringe benefits (retirement contributions, predictable health-insurance cost increases) and diminished earning capacity if the injury has longer-term effects.

Step-by-step: How to calculate lost wages

Follow these steps to produce a clear lost-wage calculation you can present to an insurer or an attorney.

1) Gather primary proof of earnings

• Pay stubs covering the periods before and after the injury (at least several pay periods).
• W-2s and most recent tax returns for salaried or hourly employees.
• If self-employed: tax returns (Schedule C), profit-and-loss statements, bank deposits, invoices, and client records.
• Employer verification: a signed letter from payroll or HR stating your rate, regular hours, and exact time missed because of treatment.

2) Document each missed work period

• List the date, start and end times of each ER visit, doctor visit, and PT appointment and the time you were out of work for travel and recovery.
• Keep appointment confirmations, medical records, discharge paperwork, and billing statements that show the reason for the absence.

3) Calculate gross lost wages (simple formulas)

Use the gross (pre-tax) amount unless an accountant or attorney advises otherwise:

• Hourly employee: Lost wages = hours missed × hourly rate.
• Salaried employee: Hourly equivalent = annual salary ÷ 2,080 (standard full-time hours per year) or use employer’s stated daily/hourly conversion; then multiply by hours/days missed.
• Self-employed: Lost wages = documented lost net profit (not gross receipts). Net profit = business income − business expenses. Use year-over-year comparisons to show what income would have been without the injury.

4) Add regularly expected variable pay

Include overtime, shift differential, commissions, or bonuses if you can prove they were likely to be earned but were lost due to missed work. Use prior pay history to document regularity.

5) Account for partial days and travel time

If you missed only part of a workday for an appointment, count only the hours away from work (including reasonable travel time). Keep a contemporaneous log of departure/return times and mileage for travel.

Examples

Example A — Hourly worker:

• Hourly rate: $20/hour
• Date 1 — ER: missed 4 hours = 4 × $20 = $80
• Weekly PT for 6 weeks: each PT causes 2 hours off = 12 hours × $20 = $240
• Total lost wages = $80 + $240 = $320 (gross)

Example B — Salaried worker:

• Annual salary: $52,000 → hourly equivalent = $52,000 ÷ 2,080 = $25/hour
• Missed one full day for initial ER (8 hours) and 6 half-days of PT (4 hours total) = 12 hours × $25 = $300

Example C — Self-employed consultant:

• Last year’s net profit (Schedule C): $60,000 → average weekly net = $1,153
• Because appointments prevented client work for two weeks, reasonable lost net earnings claim = 2 × $1,153 = $2,306
• Document with invoices you missed, client cancellations, and bank deposits.

Common evidence and documents insurers and courts expect

• Pay stubs, W-2s, tax returns (and Schedule C for business owners).
• Employer letter verifying hours missed and any paid leave used.
• Medical records showing treatment dates and a physician’s statement that the treatment required you to miss work.
• Appointment confirmations, PT schedules, receipts, and logs of travel time and mileage.
• For future lost earnings or long-term reduced capacity: vocational expert reports or economist analyses.

Special issues to watch

• PTO and sick pay: If your employer paid you during an absence (sick pay or PTO), whether you can also recover that amount from the at-fault party varies. Keep records of what you were paid and how you used PTO. Discuss this with a lawyer because legal outcomes can turn on facts and on Wisconsin law and case decisions.
• Taxes: Lost-wage damages are typically measured in gross amounts. Tax treatment of a settlement can vary. Consult an accountant or attorney about after-tax effects.
• Self-employment: Courts and insurers expect thorough business records and may require proof that lost billable hours directly resulted from the injury.
• Future losses: If the injury causes future diminished earnings capacity, you will need expert testimony to project losses.

What Wisconsin law affects recovery?

Timing matters: start a claim before the statute of limitations expires. See Wis. Stat. § 893.54 (https://docs.legis.wisconsin.gov/statutes/statutes/893/54).

Other rules (for example, how payments from other sources—employer sick pay, insurance—affect a claim) are shaped by Wisconsin case law and statutes. How those rules apply depends on facts, so consult an attorney to evaluate whether payments you received reduce the amount you can claim from an at-fault party.

When to get legal or accounting help

• If the insurer disputes your lost-wage amount or refuses to pay.
• If your losses include complex items (lost future earnings, self-employment losses, or significant bonuses/commissions).
• If there are questions about offsetting payments from employers or other insurers.
• If you are close to the statute of limitations deadline.

Disclaimer

This information is educational and general. It does not constitute legal advice. Laws change and results vary by case. Consult a licensed Wisconsin attorney for advice tailored to your situation.

Helpful Hints

• Start a contemporaneous log immediately: record dates, times, appointment reasons, travel time, and missed work hours.
• Ask payroll/HR for a formal letter verifying your rate, regular hours, and the specific hours/days you missed.
• Keep all medical paperwork and billing statements showing the reason for each absence.
• Save copies of pay stubs and tax returns for at least the prior 2–3 years.
• If self-employed, keep invoices, calendars of billable work, bank deposits, and expense records to show lost net income.
• Do not delay: preserve evidence and check the statute of limitations (Wis. Stat. § 893.54) early.
• If an insurer offers a quick settlement, compare it to your documented lost wages (including likely future sessions) before accepting—consider consulting an attorney.