Detailed Answer
This explains how lost-wage claims are commonly calculated in Florida when a minor neck or back injury causes you to miss work for emergency room treatment and physical therapy (PT). It covers the steps to document loss, the math to calculate what you lost, special rules when a motor-vehicle crash triggers Personal Injury Protection (PIP), and what evidence insurers or a court will want to see.
1) What counts as recoverable lost wages?
Recoverable lost wages generally include actual income you lost because you could not work. Typical examples:
- Hourly pay for hours you missed (regular and any customary overtime).
- Salaried pay pro-rated for the time missed (daily or weekly portion of salary).
- Self‑employment losses: lost profits, lost invoices, or fees you otherwise would have earned.
- Lost commissions, bonuses or shift differentials that you can document and tie to missed work.
2) Basic calculation method
Follow a simple three-step calculation:
- Document how many work hours or workdays you missed because of the ER visit and each PT appointment (include travel and recovery time if it prevented you from working).
- Multiply missed hours by your usual hourly rate. For salaried employees, convert salary to an hourly or daily rate (annual salary ÷ number of workdays or hours per year) and multiply by missed time.
- Add any provable lost overtime, commissions, or bonuses that you can directly link to the time missed.
Example (hypothetical): You earn $20/hour, you missed 8 hours for an ER visit and 4 PT sessions of 2 hours each (8 hours). Total missed hours = 16. Lost wages = 16 × $20 = $320.
3) If the injury is from a car crash: PIP rules
Florida requires Personal Injury Protection (PIP) coverage for most auto crashes. PIP pays a portion of lost wages and medical expenses under rules set by statute. PIP typically pays 60% of lost wages up to the policy limit, subject to qualifying medical treatment and documentation requirements. See Florida’s PIP statute for details: Fla. Stat. §627.736.
Insurers that administer PIP will require proof of loss of income — for example, an employer statement, pay stubs, or tax forms — and proof you attended the medical appointments tied to the claim.
4) Documentation you will need
Strong documentation makes a lost-wage claim persuasive. Collect:
- Pay stubs covering the pay period before and after the missed time.
- An employer letter or HR statement confirming dates and hours you missed and whether you used PTO, sick leave, or made up time.
- Time sheets, clock-in/clock-out records, or schedules showing the hours you normally worked.
- Medical records: ER discharge paperwork showing visit date and time, physician notes, PT attendance records, and any work‑status notes stating you could not work or had restricted duty.
- If self-employed: invoices, bank deposits, profit/loss summaries, 1099s, Schedule C or other tax records and client correspondence showing lost business.
- Records of benefits you received (PTO pay, sick pay, short-term disability, PIP payments) because those may affect net reimbursement or subrogation.
5) Gross vs. net pay and offsets
Courts and insurers commonly measure wage loss as gross earnings (before taxes), but practices differ. If you received paid leave, short‑term disability, or other wage replacement, insurers or defendants may offset those amounts or argue they reduce the recoverable loss. If PIP applies, it pays according to the statute’s percentage limits and policy caps.
6) Practical steps to present your claim
- Keep all medical paperwork and request copies of ER records and PT attendance logs.
- Ask your employer for a written, signed statement detailing hours/days missed and whether you used PTO or made up time.
- Compile pay stubs and tax records for the months before and after the injury.
- If you are self-employed, gather bookkeeping records, customer cancellations or lost contracts, and bank statements showing reduced deposits.
- When you send a lost-wage demand to an insurer, include a clear calculation, supporting documents, and a cover letter explaining how each item was calculated.
7) When the amount is small — handling and where to file
If your claim is for a relatively small amount, Florida county court (including small claims procedures) may handle it. County court monetary limits apply; check the current limit for small claims in your county. Even for small claims, good documentation speeds resolution.
8) When to consider legal assistance
If an insurer denies legitimate wage loss, undervalues documented losses, or a third party disputes liability, consider consulting an attorney. An attorney can review documentation, calculate future or lost-earning capacity (if relevant), and advise whether settlement or filing a lawsuit is appropriate.
Disclaimer: This article is for general informational purposes and is not legal advice. Laws change and every situation is different. To understand how the law applies to your unique facts, consult a licensed Florida attorney.
Helpful Hints
- Record dates and times immediately after each ER visit or PT appointment so you can document exactly how much work you missed.
- Get an employer statement early — employers move and records can become harder to obtain over time.
- If you use PTO, keep records showing you used it; unpaid time off is treated differently than paid leave for reimbursement and subrogation purposes.
- For self‑employed people, contemporaneous bookkeeping (invoices, calendars, emails) is far more persuasive than recollection months later.
- If the injury followed a motor-vehicle crash, read the PIP statute and policy carefully; PIP has strict filing and documentation requirements. See: Fla. Stat. §627.736.
- Save all communications from insurers and keep a paper or digital claim file with dates you made calls and who you spoke with.
- When in doubt about offsets for benefits you received (PTO, short-term disability, PIP), ask a Florida attorney to review before signing any releases.