How to calculate lost wages for a minor neck or back injury after ER and PT visits
Quick summary: If you missed work to go to the emergency room (ER) and physical therapy (PT), you can claim those missed wages as economic damages in a personal-injury claim in Missouri. To get paid, document the time missed, your normal pay rate, and any pay you received from your employer. This article explains how Missouri law treats lost wages, the documents you need, step-by-step calculations for hourly and salaried workers, and practical tips to preserve and prove your claim.
Disclaimer
This is general information only and not legal advice. Nothing here creates an attorney-client relationship. For advice about your particular situation, consult a licensed Missouri attorney.
Missouri legal context (brief)
Missouri law allows a person injured by another’s negligence to recover damages that reasonably compensate for the injury, including lost earnings and earning capacity. The Missouri Revised Statutes discuss damages generally; see Chapter 537 (Damages) for the statutory framework and Chapter 287 for workers’ compensation rules if your injury arose out of workplace activity.
Missouri statutes (general):
What counts as recoverable lost wages?
In Missouri personal-injury claims, recoverable lost wages generally include:
- Pay you actually lost because you were out for ER evaluation and PT appointments;
- Lost overtime or shift differentials you would have earned during missed hours;
- Lost tips or commissions when you can prove historical averages;
- Lost future earnings if the injury reduces your ability to work (requires expert proof).
What is not typically recoverable: speculative or unproven future income without supporting evidence, and amounts employer actually paid you while you were absent (unless your employer promised to make you whole and later recouped from you).
Documentation you must collect
Strong proof will make recovery much more likely. Gather:
- Pay stubs showing average pay, hourly rate, overtime, tips, and pay periods before the injury.
- Timecards, clock-in/clock-out records, or employer payroll reports showing hours missed.
- An employer statement (on company letterhead) confirming dates and times missed and whether you were paid (PTO/sick) or unpaid.
- ER records with arrival and discharge times and any notes requiring absence from work.
- PT appointment notes showing dates, start and end times, and any restrictions or recovery time.
- A personal calendar or contemporaneous notes showing travel, waiting, and appointment durations.
- Tax records (W-2s) for baseline income where necessary.
How to calculate lost wages — step by step
Below are simple, reproducible formulas. Always keep gross wages (pre-tax) for claims; courts and insurers look at gross lost earnings for compensatory purposes.
1) Hourly employee
Formula: hours missed × regular hourly rate (+ overtime rate for hours that would have been overtime)
Example: You earn $18/hour. You missed 8 hours for ER and 3 PT appointments of 2 hours each (including travel) = 16 hours total missed. Calculation: 16 × $18 = $288 gross lost wages. If some missed hours would have been overtime, use overtime rate for those hours.
2) Salaried (exempt) employee
Method A — daily/weekly prorate (most common): convert salary to a daily or hourly equivalent and multiply by days/hours missed.
Example: Annual salary $52,000. Weekly pay = $52,000 ÷ 52 = $1,000. Daily (5-day workweek) = $1,000 ÷ 5 = $200/day. If you missed two half-days for PT (counted as 1 full day) and one full day for ER = 2 × $200 = $400 gross lost wages.
Method B — employer’s payroll policy: follow the employer’s own pay practice if it prorates paid time off or docked pay for partial-day absences. The employer’s payroll records and letter should control the practical recovery amount.
3) Partial-day absences
Prorate by the portion of the workday missed. Example: 2 hours missed in an 8‑hour day = (2/8) × daily pay.
4) Overtime, shift differentials, commissions, tips
If you can show you would have worked overtime or earned commissions/tips, include those using historical averages from pay stubs. For tips, use a reasonable multi-week average.
5) If employer paid you (PTO, sick pay)
If your employer paid you while you were out, you generally did not suffer out-of-pocket lost wages. In that case:
- If you actually received pay for the time, the claim for lost wages is reduced by that amount.
- If you used PTO and want to recover PTO later, you must show the employer agreed to restore leave or make you whole; otherwise the insurer will view you as not suffering an economic loss.
6) Travel and waiting time
Include reasonable travel and waiting time if those hours caused you to miss work and you can document them (ER arrival/discharge times; PT appointment times; GPS timestamps or toll receipts can help).
Sample calculations
Sample A — hourly worker:
- Hourly rate: $15
- ER visit: 6 hours (travel + ER stay)
- 3 PT visits: 2 hours travel/visit including therapy = 6 hours
- Total hours missed = 12; lost wages = 12 × $15 = $180
Sample B — salaried worker:
- Annual salary: $48,000 → weekly = $923.08 → daily (5-day) = $184.62
- Missed one full day (ER) + two half-days (PT) = 2 full days ≈ 2 × $184.62 = $369.24
How insurers and courts evaluate your claim
Insurers will compare your claimed lost wages to payroll records, tax forms, and employer statements. Courts follow the same evidence-based approach and require reasonable certainty — claims that are speculative or unsupported will be reduced or denied. Keep contemporaneous proof and employer verification.
Common pitfalls and how to avoid them
- Missing employer verification — get a signed letter from HR/payroll confirming missed hours and pay status.
- Poor medical records — ask providers to document arrival/discharge times and any work restrictions.
- Not documenting partial-day absences — note exact times and keep appointment confirmations and receipts.
- Assuming gross vs net — calculate damages on gross wages unless advised otherwise by counsel or tax advisor.
When to get a lawyer
For small, clearly documented claims you may negotiate with the insurer yourself. Consult a Missouri personal-injury attorney if:
- The insurer denies liability or disputes the amount;
- Your injury leads to reduced earning capacity or ongoing wage loss;
- There are complicated wage streams (commissions, multiple employers, self-employment);
- You face subrogation, third-party liens, or workers’ compensation offsets.
Helpful hints
- Get an employer letter on company letterhead confirming dates, hours missed, pay rate, and whether you were paid.
- Keep all pay stubs for at least 6–12 months before and after the incident to calculate averages.
- Request ER records that show arrival and discharge times; ask PT offices for appointment time logs.
- Record travel time and waiting time contemporaneously (calendar entries, emails, text confirmations).
- If you’re self-employed, keep invoices, client calendars, bank deposits, and a signed statement describing lost business.
- Keep copies of any disability, PTO, or sick-pay forms showing what you were paid.
- If you expect future lost earnings, get medical and vocational expert opinions to support future-loss claims.
Where to look for official Missouri resources
- Missouri Revised Statutes (Damages): RSMo Chapter 537
- Workers’ compensation rules (if applicable): RSMo Chapter 287
- Missouri Department of Labor and Industrial Relations: labor.mo.gov (for wage-related state guidance)
Final checklist before you send a demand or talk to an insurer
- Gather pay stubs and employer letter confirming hours missed and pay status.
- Obtain ER records with arrival/discharge times and PT appointment logs.
- Prepare a clear, dated summary showing the math used to calculate lost wages.
- Identify any paid leave you used and whether you received pay for missed time.
- Keep copies of everything you send to the insurer or opposing counsel.
If you want, provide your pay stubs (redacting personal identifiers) and a timeline of missed time and I can walk through a sample calculation you can use in a demand letter.