Detailed Answer
If you suffer a personal injury in Vermont and miss work, you can claim lost wages as part of your damages. Lost wage damages reimburse the income you would have earned if not for your injury. To document and claim these damages, follow these steps.
1. Understand the Legal Basis
Under Vermont law, you have two years from the date of your injury to file a personal injury claim. See Vermont Statutes Title 12 § 511 (Vt. Stat. § 511).
2. Gather Wage Documentation
Collect the following evidence:
- Pay stubs or direct deposit statements covering the periods before and after your injury.
- Timesheets, scheduling records or electronic time logs showing hours worked.
- A letter from your employer confirming your job title, pay rate and hours lost due to injury.
- Tax returns or W-2 forms if you are self-employed or experienced a year-end income loss.
3. Track Your Time Out of Work
Maintain a detailed log of each day you miss work. Note dates, hours you would have worked and the reason for absence (for example, medical appointments or recovery). Include notes from your healthcare provider confirming work restrictions.
4. Calculate Your Lost Earnings
Multiply your hourly rate by the hours you missed. For salaried employees, divide your annual salary by the number of workdays in the year. Include overtime, bonuses and commissions if your employer regularly pays them.
5. Include Future Lost Earnings If Applicable
If your injury causes long-term limitations, you may claim future lost earning capacity. Obtain an expert evaluation—such as from an economist or vocational specialist—to project your future income loss.
6. Disclose Evidence Under Vermont Rules
Court rules require you to share evidence early. Under Vermont Rule of Civil Procedure 26 you must list documents you will use to support your claim (V.R.C.P. 26).
7. Present Your Claim
Include your lost wage calculations and supporting documents in your demand letter or initial court filing. Explain your method clearly and attach copies of all records. This transparency strengthens your case during settlement talks or at trial.
Helpful Hints
- Keep both digital and paper copies of all documents.
- Request and save medical appointment records that explain your work restrictions.
- Update your wage log promptly to avoid forgotten details.
- Consult an attorney early to ensure you meet all filing deadlines and evidentiary rules.
- Review Vermont Statutes Title 12 § 511 for the statute of limitations.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.