Detailed Answer
Under Oregon law, when you seek to recover lost wages as part of economic damages, you may include all forms of compensation you would have earned but for your injury or disability. Oregon Revised Statutes § 31.710(2)(a)(B) authorizes recovery for “past and future loss of earnings,” and courts have interpreted “earnings” to cover various types of income beyond straight hourly pay. You can generally include:
- Base Salary or Hourly Wages: Regular pay earned for scheduled work hours.
- Overtime Pay: Premium rates for hours worked beyond the standard workweek.
- Bonuses and Commissions: Performance-based incentives you would likely have received.
- Tips and Service Charges: Customary gratuities in service or hospitality roles.
- Paid Leave Benefits: Accrued vacation, sick leave, personal days you would have earned or used.
- Fringe Benefits: Employer contributions to retirement plans, profit-sharing, health insurance subsidies, and other non-cash benefits with a calculable monetary value.
- Shift Differentials and Hazard Pay: Extra pay for evening, weekend, or high-risk assignments.
- Training Stipends or Educational Reimbursements: If your employer’s policy guarantees payment or reimbursement that you missed out on.
To substantiate each category, gather your past pay stubs, W-2 forms, tax returns, and any employment agreements that describe bonus structures or benefit formulas. Courts in Oregon recognize these records when calculating both past and projected future losses. See Oregon Revised Statutes § 31.710(2)(a) for more detail: ORS 31.710.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified Oregon attorney to discuss your specific situation.
Helpful Hints
- Document Your Schedule: Keep a daily log of missed hours and shifts.
- Maintain Benefit Statements: Request annual statements showing accrued sick and vacation leave.
- Request Employer Letters: Obtain a written confirmation of your expected bonuses or commission rates.
- Project Future Earnings Reasonably: Base projections on your historical earnings data.
- Consult an Accountant: If your compensation package is complex, a financial expert can help calculate precise losses.
- Review Oregon Statutes: Familiarize yourself with ORS 31.710 and related case law for guidance on allowable damages.