Detailed Answer

If you miss work after a personal injury, you may recover compensation for lost wages under Nevada law. To build a strong claim, you need clear documentation of your income before and after the injury, plus evidence of the time you missed. Here’s how to document and claim lost earnings step by step.

1. Define Lost Wages

“Lost wages” include the income you would have earned if you had not been injured. This covers:

• Regular pay, hourly or salary
• Overtime and shift differential
• Bonuses, commissions and tips
• Paid leave you used because of your injury

2. Gather Documentation

1. Paystubs and Earnings Statements: Collect paystubs for the six months prior to your injury and all statements after your injury.
2. Employer Verification: Request a signed letter or affidavit from your employer stating your job title, hours you missed and your regular rate of pay.
3. Tax Returns and W-2s: Provide copies of your federal tax returns or W-2 forms for the last two years to confirm your average earnings.
4. Timesheets and Attendance Records: Use any clock-in/clock-out records to show days or hours missed.
5. Medical Records: Obtain records showing when your healthcare provider restricted you from work.

3. Calculate Your Total Lost Income

Add up your unpaid hours multiplied by your hourly rate, or pro-rate your salary for the time missed. Include:

• Overtime earned during the recovery period
• Loss of bonuses or commissions directly tied to the missed time
• Value of paid leave you had to use

4. Nevada Law on Lost Wages

Under Nevada Revised Statutes, you can recover special damages for past and future lost earnings:

• NRS 41.015 – Defines general damages, including loss of earning capacity.
• NRS 41.100 – Allows prejudgment interest on damages owed.

5. File Your Claim

To pursue compensation:

1. Demand Letter: Send a written demand to the at-fault party’s insurer with your loss calculations and documents.
2. Insurance Negotiation: The insurer may request more proof. Keep all records and respond promptly.
3. Litigation: If negotiations stall, you can file a lawsuit in district court. Nevada gives you two years from the injury date to sue (NRS 11.190(4)(e)).

Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney to discuss your situation.

Helpful Hints

• Keep digital and hard copies of every document.
• Track your medical appointments and work restrictions in a calendar.
• Save all correspondence with your employer and insurer.
• Ask for a written work-restrictions note from your doctor.
• Consult an attorney early to meet strict Nevada deadlines.