Disclaimer: This article is for educational purposes and not legal advice.
Detailed Answer
When an injury in Michigan prevents you from working, you may recover lost wage benefits under the Michigan No-Fault Act or as part of a personal injury lawsuit. Each context allows you to include similar types of income when calculating lost wages.
1. Michigan No-Fault Act (MCL 500.3107)
The No-Fault Act provides wage loss benefits equal to 85% of your gross wage loss. For details, see MCL 500.3107.
2. Personal Injury Claims
In a tort action, you can recover the full amount of wages and related income lost due to your injury, provided you support your claim with clear documentation. Courts generally include the following:
- Base Salary: Regular hourly or salaried earnings.
- Overtime Pay: Premium pay for hours worked beyond the normal schedule.
- Bonuses & Commissions: Performance-based or sales-related compensation.
- Profit-Sharing & Incentives: Employer profit distributions and incentive payments.
- Paid Leave: Vacation, sick leave, holiday pay, and severance.
- Fringe Benefits: Employer contributions to retirement plans, health insurance, and other benefits.
- Self-Employment Income: Net profits reported on tax returns, guaranteed payments, or draws.
- Shift Differentials: Additional pay for nights, weekends, or special shifts.
Supporting Documentation
To prove your lost income, gather key records:
- Pay stubs and payroll reports.
- W-2 forms and tax returns.
- Employer affidavits or letters confirming missed work and pay.
- Contracts, bonus plans, or commission schedules.
Helpful Hints
- Keep detailed calendars noting missed workdays.
- Collect documentation regularly during recovery.
- Calculate average income using pre-injury earnings over 52 weeks.
- Include both past and future losses for long-term or permanent injuries.
- Consult an attorney early to preserve evidence and meet deadlines.