FastCounsel

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

Detailed answer

If you missed work for emergency-room treatment and physical therapy for a minor neck and back injury, lost wages are calculated by documenting the actual income you could not earn because of the medical visits and any related work restrictions. The basic steps are:

1. Identify the legal route:

   Who will pay? If the injury happened at work, workers’ compensation (Title 27 of the Wyoming statutes) generally covers wage-loss benefits. If the injury was caused by a third party (a driver, property owner, etc.), wage losses are claimed as part of a personal-injury/tort claim against that party. The rules and proof required differ by route, so identify which applies early.

   Wyoming workers’ compensation statutes and rules are found through the Wyoming Legislature: Wyoming Statutes — Title 27 (Workers’ Compensation).

2. Gather documentation of missed time and earnings:
   • Pay stubs or direct deposit records showing hourly rate or salary and hours worked.
   • Employer statements or timecards showing hours missed, PTO used, or schedule changes.
   • Doctor, ER, and physical therapy notes showing appointment dates and time away from work, plus any work restrictions (e.g., “no lifting over 20 lbs,” “no driving,” or “limited to 4 hours/day”).
   • Appointment records showing start and end times when available (ER discharge time, PT session times).
3. Compute the basic lost-wage figure:

   Use the simplest reliable method for your employment type:

   • Hourly employee: Lost wages = hours missed × regular hourly rate. Include overtime lost at the overtime rate (e.g., 1.5×) if the missed hours would have been overtime.
   • Salaried (exempt) employee: Calculate the portion of salary attributable to the time missed. For example, weekly salary ÷ scheduled work hours = hourly equivalent; multiply by hours missed. If salary would not have been docked for brief absences, document employer policy and actual payroll adjustments.
   • Commissioned, tipped, or variable-income workers: Use recent pay records (month or quarter average) to estimate lost earnings. For example, average weekly pay for the prior 3 months × proportion of week missed.
   • Self-employed / independent contractors: Lost earnings = actual lost profit, not gross receipts. Use invoices, contracts, tax returns, and profit/loss statements to show what you would have earned but for the appointments and restrictions.
4. Include related elements when appropriate:
   • Travel and waiting time: If you missed work because of round-trip travel to ER or PT, include the working time lost while traveling if you would otherwise have been working. Document travel time and employer expectations.
   • Paid time off (PTO) and sick leave: If you used PTO or sick leave, you can still claim lost wages in a third-party claim, but courts often subtract the fact you were paid. In a workers’ compensation claim, benefits may be reduced differently—document what was actually paid.
   • Fringe benefits: Some wage-loss claims include loss of fringe benefits (401(k) contributions, bonuses) if those were actually lost because of the missed work; document policies and the amount lost.
   • Taxes: Lost-wage damages in a third-party settlement often measure gross wages (pre-tax) because taxes are not an element of the legal loss calculation. For compensation or benefits paid under workers’ compensation, statutory formulas control net vs. gross treatment—keep records and consult counsel or the workers’ comp office.
5. Example calculations (hypothetical):

   Example A — Hourly worker: You earn $20/hour. You missed an 8-hour shift for an ER visit and two 2-hour PT appointments (4 hours total). Total missed hours = 12. Lost wages = 12 × $20 = $240.

   Example B — Salaried worker: You earn $1,000/week for a 40-hour schedule (equivalent $25/hour). You missed 4 hours of work for a same-day PT appointment and your employer docked pay. Lost wages = 4 × $25 = $100.

   Example C — Self-employed: Your average weekly profit over the last 3 months was $800. You missed one full workday on a $200 average profit day. Lost wages = $200 (support with invoices and calendar entries).

6. Document nexus (causation) between missed wages and medical care:

   To recover lost wages from a responsible third party, you must show that the medical visits and any work restrictions were caused by the injury. Use contemporaneous medical notes, physician opinions, and employer statements tying the absence to the injury.

7. When to claim future lost earnings:

   If your injury leads to ongoing restrictions that reduce your ability to work, you can claim future lost earning capacity. This requires medical evidence about future disability and an economic projection (payroll history, earning capacity analysis). For workers’ compensation, statutory formulas or rehabilitation obligations may apply.

8. How Wyoming law affects proof and benefits:

   Wyoming workers’ compensation law (Title 27) governs workplace wage-loss benefits and has administrative procedures for filing and proving claims. Third-party tort claims follow general negligence/damages principles; lost wages are an element of compensatory damages when causation and amount are proven. For statutes and official text, see the Wyoming Legislature website: Title 27 — Workers’ Compensation and the main statutes browser at wyoleg.gov. Because statutory details and case law can change outcomes, consult a Wyoming attorney for complex or disputed claims.

9. Practical next steps:
   1. Collect pay stubs, time records, employer notes, and medical appointment records now.
   2. Ask your employer for a written confirmation of hours missed and any pay adjustments.
   3. If a third party caused the injury, preserve evidence—photos, incident reports, witness names, and the police or accident report if one exists.
   4. Consider a short consult with a Wyoming attorney if the other side disputes causation or the amount of wage loss. Many lawyers offer an initial evaluation.

Helpful Hints

• Start documenting immediately: appointment times, time missed at work, and how your pay was affected.
• Keep originals of timecards and pay stubs and get employer-written confirmation of missed hours if possible.
• Keep a contemporaneous calendar or journal noting exact times you left work, traveled for care, and returned (date/time stamps help).
• If you are paid salary and your employer did not reduce pay for brief absences, note that—this can affect how a court or insurer computes recoverable loss.
• For self-employed people, preserve invoices, client communications, and bank deposits that show lost jobs or reduced billings tied to your medical visits.
• When in doubt whether to file a workers’ comp claim or a third-party claim, record all facts (where injury occurred, who was at fault) and talk to counsel—wrong choices can affect remedies and deadlines.
• Statutes and administrative rules control workers’ comp claims in Wyoming; see Title 27 at the Wyoming Legislature: https://wyoleg.gov/statutes/title/27.
• Keep medical providers’ notes that explicitly state work limitations—these are frequently decisive when proving lost earning capacity.