Disclaimer: This article is for educational purposes only and does not constitute legal advice. If you need legal advice, consult a qualified attorney licensed in Washington.
Detailed Answer
When you pursue a claim for lost wages in Washington, you can seek compensation for all income and benefits you would have earned but for your injury or absence from work. Under RCW 4.56.210, a plaintiff may recover “pecuniary losses” including the loss of earnings and earning capacity. See RCW 4.56.210.
Common types of income and benefits you can include:
- Regular wages or salary: Base pay for hourly or salaried positions.
- Overtime and shift differentials: Premium pay for extra hours or undesirable shifts.
- Bonuses and commissions: Performance-based payments you would have earned.
- Tips and gratuities: Documented tips if part of your regular compensation.
- Vacation, sick and holiday pay: Paid leave you lost during your recovery.
- Employer contributions: Contributions to retirement plans, health insurance, tuition benefits, stock options and other fringe benefits.
- Severance or termination pay: Any contractual or policy-based severance you lost if your injury led to early termination.
- Self-employment income: Net income from your business or freelance work, as shown on tax returns.
To calculate lost wages accurately, you must estimate what you would have earned from the date of injury through the date you return to work or reach maximum medical improvement. Include accrued benefits you would have taken or cashed out during that period.
Helpful Hints
- Gather pay stubs, tax returns and employer records to document your earnings and benefits.
- Keep a detailed log of hours lost and any overtime or special pay you would have earned.
- Include evidence of benefits such as retirement statements, insurance summaries and bonus plans.
- If you’re self-employed, prepare profit-and-loss statements and tax forms for the relevant period.
- Consult an accountant or vocational expert to calculate future earning capacity if your injury has long-term effects.
- Ask your attorney to include prejudgment interest on lost wages under RCW 4.56.110.