After an injury, you can seek compensation for wages lost at each job. In Wyoming, you may pursue a workers’ compensation claim if your injury happened at work or file a tort claim against a third party. This article explains both options and how to document multiple sources of income.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Determine Your Claim Type
If you were injured during work hours for one of your jobs in Wyoming, you qualify for workers’ compensation benefits under Wyo. Stat. § 27-14-102. This system covers medical costs and part of your lost income. You cannot use workers’ compensation to claim lost wages from another job if that injury did not occur there. For wages lost at other jobs, consider a third-party personal injury claim.
2. Filing a Workers’ Compensation Claim
Submit a Form 1 (Employer’s Report) and Form 2 (Employee’s Claim) to your employer’s insurer within one year of the injury, as required by Wyo. Stat. § 27-14-304. Document your average weekly wage from the injured job at the time of injury. The insurer calculates benefits based on your average weekly wage, subject to Wyo. Stat. § 27-14-601.
3. Pursuing a Third-Party Personal Injury Claim
If a non-employer party caused your injury, you can file a personal injury lawsuit in the district court. Lost wage damages can cover income from all jobs affected by your injury. Under Wyoming law, you must show:
- Loss of earnings: Calculate actual earnings lost at each job using pay stubs, W-2s, tax returns or bank statements.
- Duration of disability: Use medical records or a physician’s note to prove your recovery period.
You file a petition listing all defendants and the damages claimed. The district court allows you to present evidence of lost wages for each employer. Wyoming courts follow common law principles of tort damages. There is no statutory cap on lost wage claims in personal injury actions.
Helpful Hints
- Gather pay stubs and W-2 forms from each job before filing.
- Keep detailed time logs showing shifts you missed due to injury.
- Ask your healthcare provider for a clear note on work restrictions and recovery timeline.
- Consult a medical records release to share documents with insurers or attorneys.
- Consider hiring an attorney if multiple claims or complex issues arise.