Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a personal injury in Connecticut forces you to miss work, you may recover both past and future lost wages as economic damages. Follow these steps to document and claim your wage loss effectively:
1. Understand Applicable Deadlines
Connecticut imposes a two-year statute of limitations on personal injury lawsuits. You must file your claim in Superior Court by the deadline under Conn. Gen. Stat. § 52-572h, or you risk losing your right to recover.
2. Gather Employment Records
- Collect pay stubs, W-2 forms and 1099s for the period before and after your injury.
- Obtain employer records showing regular hours, scheduled shifts and actual hours worked.
- Request a letter from your supervisor or human resources department confirming dates and hours missed.
3. Document Medical Restrictions
- Ask your treating physician to prepare a work-capacity report stating when you were unable to work and why.
- Keep all medical records, prescriptions and therapy notes that reference work restrictions.
4. Calculate Past Lost Wages
Add up your lost earnings by multiplying your hourly rate or salary by hours or days missed. Include bonuses, commission or overtime you would have earned but for the injury.
5. Estimate Future Lost Earnings
If your injury affects your long-term earning capacity, you may recover projected future wage loss. Courts often rely on economic experts to:
- Analyze your work history, training and career trajectory.
- Project income growth, inflation and retirement factors.
6. Submit a Demand Package
Before filing suit, send a written demand to the insurer or negligent party. Include:
- Summary of facts and liability basis.
- Itemized schedule of lost wages with supporting documents.
- Medical records showing work restrictions.
- A clear settlement figure for past and future wage loss.
7. File Your Lawsuit if Necessary
If negotiations stall, file a lawsuit in Connecticut Superior Court. Attach your wage-loss evidence to your complaint or to expert disclosures. Seek both economic damages (no statutory cap) and any applicable non-economic damages, noting that under Conn. Gen. Stat. § 52-225a, non-economic awards may be capped.
Helpful Hints
- Track every appointment and therapy session—include travel time lost from work.
- Maintain a daily injury journal recording symptoms and work impact.
- Get wage statements certified by your accountant for accuracy.
- Work closely with your attorney to prepare expert reports on future wage loss.
- Keep originals of all documents; send copies in your demand letter.
- Review your employer’s leave policies (FMLA, short-term disability) to maximize recovery.