Detailed Answer
Under Missouri law, you can recover the full value of gross earnings you would have received but for an injury or other legal harm. Missouri courts and the workers’ compensation system recognize several types of income when calculating lost wages:
1. Base Salary or Hourly Wages
Your regular pre-tax earnings based on your agreed rate of pay.
2. Overtime Pay
Any guaranteed or customary overtime you regularly earned. Show past pay records to prove your average overtime.
3. Bonuses and Commissions
Performance-based compensation you earned historically or had a reasonable expectation of earning.
4. Tips and Service Charges
In occupations relying on gratuities, you can include the average tips or service charges you received.
5. Fringe Benefits and Retirement Contributions
Employer-paid benefits such as health insurance premiums, life insurance, retirement plan contributions, and other job-related perks.
6. Vacation, Sick and Personal Leave
Paid time off you would have used if not injured, including accrued leave under your employer’s policy.
7. Self-Employment Income
If you run a business or work as an independent contractor, recover net profits or the reasonable value of services you would have provided. Use tax returns, profit-and-loss statements, and client contracts to prove your income.
Missouri Legal Guidelines
For workers’ compensation, Missouri law defines “average weekly earnings” based on your earnings in the 52 weeks before injury. See RSMo § 287.150. In civil personal injury claims, courts permit recovery of your net pre-injury earnings, documented through pay stubs, W-2 forms, tax records, and employer testimony.
Helpful Hints
- Gather pay stubs and W-2 forms showing your earnings before the incident.
- Request a written statement from your employer detailing your average hours, pay rate, overtime, and benefits.
- Use tax returns and bank statements to document self-employment income.
- Keep records of any tips, bonuses, or commission statements.
- Review your employer’s leave policies to document vacation, sick, or personal days.
- Track all communications with your employer regarding missed work.
- Consult medical records to align lost wage periods with your recovery timeline.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. You should consult a qualified attorney for guidance specific to your situation.