Detailed Answer
Under Rhode Island law, you can recover all lost earnings you reasonably would have earned if not for the injury or legal wrong. The measure of lost wages includes all forms of compensation you would have received during your recovery.
The following types of income qualify under Rhode Island statutes and case law:
- Base salary or hourly wages
- Overtime pay
- Bonuses and commissions
- Tips and gratuities
- Piecework and incentive pay
- Vacation, holiday, and sick pay
- Shift differentials and stand-by pay
- Retirement contributions and pension benefits
- Health insurance premiums and other employer-paid benefits
If you are self employed or an independent contractor, Rhode Island courts allow you to claim net earnings and owner’s benefits such as personal use of company assets and profit distributions. You must document your historical income, tax returns, and business records to support your claim.
In workers’ compensation cases, Rhode Island defines wage benefits under R.I. Gen. Laws § 10-9-1 and calculates your average weekly wage for lost wage benefits at two thirds of your average earnings (R.I. Gen. Laws § 28-33-18). For personal injury claims, Rhode Island courts award full gross lost earnings without a statutory cap.
Helpful Hints
- Save pay stubs, tax returns, and bank statements to prove your lost income.
- Include documentation for fringe benefits like health insurance and retirement contributions.
- Keep records of overtime, bonuses, tips, and any nontraditional forms of compensation.
- Ask your employer for a letter detailing your wage history before the injury.
- Consult a certified accountant to calculate net profits if you are self employed.
Disclaimer: This article provides general information under Rhode Island law and does not constitute legal advice. You should consult a qualified attorney to discuss your specific circumstances.