Short answer: Calculate lost wages by totaling the actual hours or days you missed because of emergency-room visits and physical-therapy appointments, multiply those hours by your usual hourly rate (or pro-rate your salary), then add any documented lost overtime, commissions, or other earnings you would have received. Support every number with pay stubs, employer verification, appointment records, and medical notes. Under Louisiana law, lost wages are a recoverable special damage in a negligence claim; you must prove both the loss and its amount. This is general information and not legal advice.

Law framework in Louisiana

Under Louisiana Civil Code negligence principles, a person who suffers injury due to another’s fault may recover damages, including economic losses such as lost wages. See La. Civ. Code art. 2315 (liability for damages): https://www.legis.la.gov/Legis/Law.aspx?d=97501. If your case is a workers’ compensation matter, different statutory rules apply; see Title 23 of the Louisiana Revised Statutes for workers’ compensation provisions: https://www.legis.la.gov/. This article explains common practical steps to calculate and document lost wages for a typical minor neck/back injury claim.

What counts as recoverable lost wages

• Time missed from paid work due to medical visits (ER, clinic, physical therapy) that you could not schedule outside work hours.
• Regular pay you would have earned during those hours (hourly wages or salaried pay pro-rated).
• Lost overtime, commissions or production bonuses that you can document were lost because you missed scheduled hours.
• Reasonable future earnings loss only if medical evidence shows ongoing limitations (rare for minor injuries).

What typically does not count

• Sick time or paid leave you used to cover absences (those are not out-of-pocket losses unless your employer denied pay).
• Speculative future earnings without medical support of impairment.
• General inconvenience, pain and suffering (these are non‑economic damages, separate category).

Step-by-step calculation method

1. Identify the days and hours missed: List each ER visit and each physical therapy appointment date and the hours you missed from work. Include travel time if it caused you to miss work hours.
2. Use your regular pay rate:
   • Hourly employees: multiply hours missed by your hourly rate.
   • Salaried employees: divide your regular salary by the number of pay-period hours (or use weekly salary divided by average workweek hours) to get an hourly equivalent, then multiply by hours missed.
   • Commissioned or tip-based employees: show commissions/tips history (pay stubs, 1099s) and estimate lost earnings with documentation.
   • Self-employed/independent contractors: use recent tax returns, invoices, bank records, and client schedules to prove lost revenue.
3. Add lost overtime and bonuses: Include any overtime you would have worked and would have been prevented from working because of appointments—only if you can document the lost opportunity.
4. Subtract any pay you actually received: If you used sick leave or your employer still paid you for shifts you missed, list those amounts. Those are not out-of-pocket wage losses.
5. Total your special damages for wages: Sum the uncompensated earnings lost for the relevant period. Keep a running, dated spreadsheet tied to documentary proof.

Simple hypothetical example

Hypothetical facts: Hourly worker earns $20/hour. They missed an 8-hour shift to go to the ER and three 2-hour PT appointments (including travel and recovery) on different days.

Calculation:

• ER: 8 hours × $20 = $160
• PT visits: 3 visits × 2 hours each = 6 hours × $20 = $120
• Total lost wages = $160 + $120 = $280

Documentation supporting the calculation: pay stubs showing the $20/hr rate, employer confirmation of missed shifts, ER record and PT attendance notes or invoices, and a dated spreadsheet tying each absence to an appointment.

Critical documentation

Insurers and courts expect contemporaneous, verifiable proof. Collect and keep:

• Pay stubs, W-2s, 1099s, or payroll statements showing pay rate and hours.
• Employer-written verification of missed shifts/hours (email or letter), time cards, or payroll records.
• ER records, clinic notes, PT attendance logs, bills, and receipts showing dates and times of appointments.
• Physician notes or restrictions indicating you needed medical treatment during work hours.
• Personal contemporaneous log (date, time, reason for absence). While not dispositive alone, it helps tie records together.

Common issues and practical answers

Q: My employer paid me sick or vacation pay for the hours I missed. Can I still claim lost wages?

If your employer paid you for those hours (sick/vacation), you generally cannot claim those amounts as an uncompensated loss. However, if you were forced to use paid leave and later were disciplined or lost an unpaid benefit as a result, document the consequence—there may be limited recoverable damages. Be prepared to show what you actually lost.

Q: I’m salaried. How do I convert salary to an hourly rate?

Take your salary and divide by the number of work hours that salary covers. If your salary corresponds to a 40-hour workweek, divide annual salary by 52 to get weekly pay, then divide weekly pay by 40 to get an hourly equivalent. Use a consistent, documented method and keep employer policies that define your workweek.

Q: I’m self-employed. What counts as lost wages?

Use invoices, contracts, bank deposits, client communications, and tax returns to show the income you missed because you could not work or had to cancel billable appointments. Consider using a spreadsheet showing billed hours and lost jobs with corroborating emails or contracts.

Q: Can I recover travel time to medical appointments?

Yes, travel time that caused you to miss paid work hours can be included in lost wage calculations if you normally would have been working during that time. Document the travel time and how it affected your work schedule.

Q: Are lost wage awards taxable?

Tax consequences depend on how a settlement or judgment allocates amounts. Lost wages that represent compensation for income are typically taxable. Consult a tax professional for specifics before accepting a settlement.

Negotiation and proof tips

• Prepare a clear spreadsheet: date, employer hours scheduled, hours missed, pay rate, and net lost pay for each entry.
• Attach documentary proof to each spreadsheet line—pay stubs, employer letters, appointment records.
• Ask your employer for a written statement verifying missed time and pay status.
• Keep originals and make copies; maintain an electronic folder of PDFs and scans.
• If the insurer requests an authorization to obtain payroll records, review it with care or ask a lawyer before signing.

When to consult an attorney

Consider getting a lawyer if:

• The insurer disputes the amount or existence of your lost wages.
• Your medical condition creates a potential claim for future wage loss or diminished earning capacity.
• You are unsure what documentation to gather, or you face a complex work‑pay structure (bonuses, tips, variable hours, self‑employment).

Helpful Hints

• Start collecting documentation immediately after each medical visit.
• Get written employer confirmation of missed shifts and whether you were paid for them.
• Use your phone calendar or notes app to log time-of-arrival and time-of-departure for appointments.
• Save ride receipts, parking fees, and mileage logs if travel prevented you from working.
• Keep all medical bills and explanation of benefits (EOBs) — they often corroborate dates and services.
• When in doubt, ask for appointment verification or attendance notes from the provider’s office.
• Preserve all communications with insurers and opposing parties in writing.