Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under Utah law, you can recover all income you would have earned but for the injury or loss. Courts measure lost wages by looking at your total compensation package, not just base pay. The Utah Code defines “wages” broadly as “all monetary compensation for labor or services rendered by an employee, including commissions.” Utah Code §34-28-2(19).
- Base Salary or Hourly Pay: Regular gross wages, whether salaried or hourly.
- Overtime Pay: Premium pay for extra hours, as reflected on your pay stubs.
- Commissions: Sales commissions earned but not yet paid.
- Bonuses: Performance, retention, or signing bonuses you reasonably would have received.
- Vacation, Sick and Holiday Pay: Accrued leave you would have used or cashed out.
- Severance or PTO Cash-Out: Employer obligations to pay out remaining benefits.
- Fringe Benefits: Employer-paid health insurance premiums, retirement contributions, stock options, car allowances, and other non-cash perks with measurable value.
- Self-Employment Income: Net profits you would have earned, proven by tax returns, invoices, and accounting records.
When presenting a lost wage claim, gather documentation such as pay stubs, tax returns, employment contracts, company benefit summaries, and expert economic analysis if your compensation is complex. Demonstrating past earnings and projecting future losses strengthens your claim.
Helpful Hints
- Review multiple years of pay records to show patterns in bonuses or commissions.
- Include fringe benefit valuations using employer summaries or expert reports.
- For self-employed losses, work with an accountant to prepare a profit-loss statement.
- Document any raises or promotions you likely would have received.
- Keep detailed records of accrued but unused leave balances.
- Consult a qualified attorney early to help assemble evidence and calculate future earnings.