Calculating Lost Wages: Types of Income Included Under Oklahoma Law

Detailed Answer

When you’ve suffered an injury or other harm that forces you out of work, Oklahoma law allows recovery of actual lost earnings and certain related income. Courts and workers’ compensation rules look beyond your base salary to capture all forms of compensation you would have received if not for the injury or incident.

1. Base Salary or Hourly Wages

Your regular pay—whether salaried or hourly—forms the foundation of your lost wage claim. Employers’ payroll records and your employment contract typically establish this amount.

2. Overtime Pay

If you routinely earned overtime before your injury, those additional hours count. Oklahoma workers’ compensation recognizes that lost overtime reduces your actual earning capacity. See 23 O.S. § 61(1) (compensation for disability based on average weekly earnings, including overtime).

3. Commissions, Bonuses, and Incentive Pay

Performance‐based pay such as sales commissions, production bonuses, or year‐end incentives can be included if you can show a history of receiving them pre‐injury. Courts will review payroll stubs and company bonus plans to determine a reasonable average.

4. Tips and Service Charges

For tipped employees—servers, bartenders, chauffeurs—regular tips and service charges form part of your lost income. You’ll need consistently documented tip records or employer tip distributions to support your claim.

5. Paid Leave (Vacation, Sick, Holiday Pay)

If you would have used accrued leave while recovering, courts may award the value of vacation days, sick leave, or paid holidays you forfeited because of your injury.

6. Fringe Benefits and Employer Contributions

Oklahoma law permits recovery of lost fringe benefits directly tied to employment. This may include:

• Retirement or pension contributions (employer share)
• Health, dental, or life insurance premiums paid by employer
• Stock options, profit‐sharing, or deferred compensation plans

7. Net Profit for Self‐Employed Individuals

If you run your own business, you calculate lost wages based on your average net profit—or reasonable market value of your services—over a representative period before your injury.

8. Future Lost Earnings and Earning Capacity

For permanent injuries or disabilities, Oklahoma law allows compensation for future lost earning capacity—what you would likely have earned over your working life. Expert vocational and economic testimony usually determines this amount.

To sum up, lost wages can include direct pay plus any additional earnings or benefits you regularly received. Documentation—pay stubs, tax returns, employment contracts, and company policy manuals—strengthens your claim.

Important Statutes: See 23 O.S. § 61 for workers’ compensation wage calculations and 23 O.S. § 2 for definitions of wages and earnings.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation under Oklahoma law.

Helpful Hints

• Gather at least 12 months of pay stubs or tax returns to establish average earnings.
• Document all forms of compensation: ask your HR department for bonus, tip, and overtime records.
• Ask a vocational expert to calculate future earning capacity for permanent injuries.
• Keep copies of company policies on leave, bonuses, and benefits to support fringe benefit claims.
• Consult an attorney early to guide evidence collection and meet Oklahoma’s filing deadlines.