Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an attorney to discuss your situation.
Detailed Answer
1. Identify the Injury Context
First, determine whether your injury occurred at work or elsewhere. If it happened during job duties, you may file a workers’ compensation claim under Texas Labor Code Chapter 408. Workers’ compensation covers medical expenses and a portion of lost income for eligible employees.
2. In a Personal Injury Claim
If your injury happened off the job or your employer lacks coverage, pursue a personal injury lawsuit. In Texas, you can recover “actual damages” that include past and future lost wages as defined in Texas Civil Practice & Remedies Code § 41.001(11).
Gather Wage Records
- Collect recent pay stubs, W-2s, 1099s and tax returns from each employer.
- Request written statements of your hours and rates from payroll departments.
Calculate Your Lost Earnings
- Compute your pre-injury average weekly earnings at each job.
- Multiply by the number of weeks you missed work due to the injury.
- For future losses, consider expert testimony to estimate ongoing impacts.
3. File Your Claim or Lawsuit
For a workers’ comp claim, notify your employer within 30 days of the injury and submit your form to the insurer. For a personal injury suit, file in district court within the two-year statute of limitations: Tex. Civ. Prac. & Rem. Code § 16.003. Include a detailed demand for past and future lost wages.
4. Negotiate or Litigate
Insurance companies often seek to settle. Present clear records and calculations. If negotiations stall, prepare for trial. A judge or jury will assess your lost earnings based on evidence.
Helpful Hints
- Keep a daily log of missed work and tasks you can no longer perform.
- Store all medical records and billing statements in one file.
- Consider a vocational expert to testify on future wage loss.
- Review your employee handbook for notice requirements.
- Consult an attorney early to protect evidence and meet deadlines.