Detailed Answer
What Are Lost Wages?
Lost wages refer to the income you miss when an injury prevents you from working your usual hours or performing at full capacity. Under Massachusetts law, you can recover these earnings as economic damages in a personal injury claim.
1. Calculate Past Lost Wages
To prove past lost wages, gather:
- Pay stubs showing your average hourly or salary rate.
- W-2 Forms and federal tax returns.
- Employer statements on hours missed and overtime lost.
2. Document Future Earning Capacity
If your injury affects your long-term work ability, estimate future lost wages by securing:
- A letter from your employer detailing anticipated raises or promotions.
- Expert opinions from vocational or economic specialists.
- Records of training costs if you must change careers due to injury.
3. Link Documentation to Your Claim
Present your proof clearly in your demand letter or court filings. Itemize each component: base pay, overtime, bonuses, and benefits. Use dates and specific amounts to avoid disputes.
Key Massachusetts Statutes
- Statute of Limitations: File a personal injury claim within three years of the injury event (M.G.L. c.260 §2A).
- Comparative Negligence: If you share fault, your recovery reduces by your percentage of fault (M.G.L. c.231 §59H).
- Workers’ Compensation: If you also file a workers’ comp claim, understand your rights under M.G.L. c.152 before pursuing a tort claim.
Helpful Hints
- Keep a daily journal of hours you miss and tasks you cannot perform.
- Ask your employer for written documentation of your usual pay structure.
- Retain copies of all medical records showing time-out-of-work recommendations.
- Consult a vocational expert early if you face permanent work limitations.
- Review your disability or sick leave records and deduct any compensation received from your total lost wages claim.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a Massachusetts personal injury attorney to discuss your case.