Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
Under Virginia law, “lost wages” generally include any income or earnings that a person would have received but for an injury or other loss. Courts recognize various types of income and related benefits when measuring wage loss. Key categories include:
- Base Salary or Hourly Pay: Regular gross wages before taxes and deductions.
- Overtime and Premium Pay: Extra pay for overtime hours, holiday shifts, or weekend work.
- Commissions, Bonuses, and Tips: Any incentive-based earnings or gratuities tied to performance or sales.
- Vacation, Sick Leave, and Paid Time Off: Compensation for paid leave that the injured person used or lost.
- Fringe Benefits: Employer-paid portions of health insurance, retirement plan contributions, profit-sharing, stock options, and tuition reimbursement.
- Self-Employment Income: Net profits or draws for business owners, independent contractors, or freelancers, based on tax returns or accounting records.
- Other Economic Perks: Company car allowances, moving expenses, housing stipends, membership dues, and similar benefits that have measurable monetary value.
When claiming lost wages in a personal injury action, you must prove the amount and duration of your losses. Virginia courts require precise evidence, such as pay stubs, tax returns, employer records, and expert testimony if you seek future wage loss under Va. Code § 8.01-34. For worker’s compensation claims, Va. Code § 65.2-503 governs wage loss calculations, generally compensating two-thirds of the difference between pre-injury average weekly wages and post-injury earnings: Va. Code § 65.2-503.
Helpful Hints
- Gather complete pay records, including W-2s, pay stubs, and tax returns.
- Document fringe benefits by obtaining employer benefit summaries or plan statements.
- Track lost hours with timesheets or calendars noting missed workdays and schedules.
- Keep detailed records of self-employment income, including invoices, ledgers, and profit/loss statements.
- Consult a vocational or economic expert to calculate future wage losses and discount to present value.
- Review Virginia’s procedural rules on evidence and expert testimony before filing.
- Consider the difference between lost wages (actual earnings) and lost earning capacity (diminished future earning ability).