Detailed answer — what counts as lost wages and how to calculate them in Maine

When a minor neck or back injury causes you to miss work for emergency room (ER) visits, physical therapy (PT) appointments, or recovery time, lost wages are the out-of-pocket earnings you could not receive because of the injury. Under Maine law an injured person may claim those lost earnings as part of monetary damages in a personal-injury claim or as wage-loss benefits under the Maine workers’ compensation system if the injury is work-related. For general information about Maine workers’ compensation, see the Maine Department of Labor workers’ compensation page: https://www.maine.gov/labor/wc/.

Categories of lost-wage damages

• Past lost wages (actual earnings you missed up to today)
• Future lost wages (reduced earning capacity if your injury causes long-term limitations)
• Temporary partial disability (if you return but earn less)
• Loss of fringe benefits or bonuses tied to earnings

Who pays and what proof you need

If the injury occurred at work, file a workers’ compensation claim through your employer and the Maine Department of Labor system (see link above). If the injury was caused by someone else, you would present lost-wage damages in a liability claim or demand. In every situation, the stronger your documentation, the stronger your claim.

What to collect and how to calculate

Follow these steps to calculate lost wages accurately.

1. Document the missed time precisely. Keep appointment notices, ER discharge papers, clinic sign-in sheets, PT records showing start and end times, doctor notes excusing you from work, and employer time records (payroll reports, timecards, or written employer statements). Show both the date and the amount of work time missed.
2. Establish your normal pay rate.
   • Hourly employees: use your regular hourly rate. If you normally work overtime, calculate average overtime over a representative period (e.g., 6–12 weeks) and include the overtime component.
   • Salaried employees: show proof that the employer reduced pay because of the missed time. Some exempt salaried employees cannot have pay docked for a few partial-day absences; if the employer did dock pay, use payroll records or employer letter to show the deduction.
   • Commissioned or tipped employees, contractors, and gig workers: use average weekly or daily earnings based on tax returns, 1099s, invoices, bank deposits, and historical paystubs. For self-employed people, pro-rated profits from recent tax returns and profit-and-loss statements work best.
3. Calculate the dollar amount for each missed interval.

   Basic formulas:

   • Hourly loss = hourly rate × hours missed
   • Daily loss = daily rate (or weekly salary ÷ scheduled workdays) × days missed
   • Partial-day PT/ER visits = hourly rate × hours missed (include travel and wait time if that time cost you work hours)

   Example 1 — hourly worker:

   If you earn $20/hour and missed 8 hours for an ER visit and two 2-hour PT sessions (4 hours) you would claim: $20 × (8 + 4) = $240 in past lost wages.

   Example 2 — salaried worker (paid weekly) where employer docked pay:

   If your weekly salary is $800 for a 40-hour week, your daily equivalent is $160 (if employer records show pay deduction, use the actual payroll deduction amount as your past wage loss).

4. Include fringe benefits and lost bonuses when appropriate. If your pay package includes regular bonuses, commissions, profit-sharing, paid vacation or sick accrual that you lost because of missed earning opportunities, document and include a reasonable value based on past practice.
5. Adjust for taxes and reporting. For calculation and presentation to an insurer or employer, use gross (pre-tax) wages unless you have a reason to show net loss. For tax questions about any recovery, consult a tax professional — tax treatment of settlement components can vary.
6. Future wage loss. For future loss of earning capacity (if your neck/back problems cause ongoing limitations), a vocational expert or economist may be necessary. They will compare your pre-injury earning trajectory against post-injury earning capacity, applying a present-value discount for future losses. This step usually requires professional testimony or a clear settlement allocation.

Common legal and practical issues in Maine

• If your injury is work-related, workers’ compensation is often the primary remedy. The Maine Department of Labor oversees benefits and filing procedures: https://www.maine.gov/labor/wc/.
• For third-party personal injury claims, lost wages are a type of special damage. Present objective proof — paystubs and employer verifications — to support the amount claimed.
• If your employer provided paid leave (sick or vacation) for appointments, insurers may reduce the claimed lost wages by the paid leave value. Keep records showing whether you used paid time off in lieu of unpaid time.

When to get an attorney

If the other side disputes the amount of lost wages, denies liability, or if the claim includes future loss of earning capacity, consult a Maine personal injury or workers’ compensation lawyer. An attorney can gather evidence, obtain employer verification, and, if needed, work with experts (vocational or economic) to quantify future losses. To find resources on Maine courts and legal help, see the Maine Judicial Branch: https://www.courts.maine.gov/.

Helpful Hints

• Start documenting immediately: keep all medical records, appointment confirmations, sign-in sheets, and payroll records.
• Ask your employer for a written statement showing hours/days missed and any payroll deductions. A simple employer letter is powerful evidence.
• Track travel and wait time for medical appointments if that time caused you to miss work. Note exact arrival and departure times.
• Keep electronic copies (PDFs) of paystubs, timecards, and tax returns. For self-employed claimants, maintain profit-and-loss statements and bank records showing lost income.
• If you used paid leave, document whether your employer charged sick or vacation time and whether you were later reimbursed.
• Do not sign releases or settlement offers without understanding how lost wages are being valued and taxed. Consider review by a Maine attorney.
• For workers’ compensation claims, report the injury and follow employer reporting steps promptly. Visit the Maine Department of Labor workers’ compensation page for guidance: https://www.maine.gov/labor/wc/.
• For tax questions about any recovery, talk to a CPA or tax advisor before accepting a settlement allocation.