Detailed Answer — how to calculate lost wages in New Hampshire

This section explains, step-by-step, how to calculate wage loss after a minor neck or back injury that caused you to miss work for ER and PT visits. I am not a lawyer. This is educational information, not legal advice.

Step 1 — Identify the legal path for your claim

• If the injury happened at work or in the scope of your job, you may be eligible for workers’ compensation benefits. Those benefits follow state workers’ compensation rules and use formulas different from a personal-injury settlement.
• If the injury was caused by someone else (a car crash, slip-and-fall on another’s property), you pursue lost wages as part of a personal-injury claim against the responsible party or their insurer.
• If your employer paid you for the missed time (sick leave, PTO, or employer-paid short-term disability), that affects what you can claim from a third party — you cannot double recover for the same hours.

Step 2 — Determine what counts as recoverable lost wages

• Recoverable wages usually include gross (pre-tax) regular pay, overtime you would have earned, known bonuses and commissions tied to work performed, and some lost employee benefits tied to time worked (e.g., retirement contributions that depend on pay).
• Paid leave the employer provided is not a wage loss for you if you were fully compensated for the missed time. If your employer required you to use PTO but later the insurer reimburses you, rules vary.
• Travel to and from medical appointments is typically not paid work time unless employer policy or workers’ compensation rules say otherwise; check applicable rules for your claim type.

Step 3 — Gather documentation

• Pay stubs covering several pay periods before and after the injury.
• Employer letter or payroll verification stating your hourly rate, usual schedule, average hours, and whether you lost pay or used PTO.
• Timecards, schedules, and punch records showing hours you missed.
• Medical records and appointment documentation from the ER and PT (dates, arrival/departure times, provider notes showing appointments were medically necessary).
• A contemporaneous calendar or diary noting actual time missed (include travel time if you intend to claim it and your claim allows it).
• For self-employed people: contracts, invoices, bank deposits, profit-and-loss statements, and tax returns (Schedule C or 1099s) showing lost income.

Step 4 — Basic calculation formulas and examples

Use the method appropriate for your pay type (hourly, salaried, or self-employed).

Hourly employee

Formula: Lost wages = hourly rate × number of hours missed (regular hours) + overtime rate × overtime hours missed.

Example: You earn $20/hour. You missed 2 hours for an ER visit and two 1.5-hour PT appointments (3 hours). Total missed hours = 5. Lost wages = $20 × 5 = $100.

Salaried employee

Method: Convert salary to an hourly or daily rate to compute partial-day losses.

Example: $52,000/year salary, standard 52 weeks × 40 hours = 2,080 hours. Hourly equivalent = $52,000 / 2,080 = $25/hour. If you missed a half-day (4 hours), lost wages = $25 × 4 = $100.

Self-employed / 1099 workers

Method: Show actual earnings lost based on historical average income and contemporaneous records. Use invoices and tax returns. If you normally bill 20 hours/week at $50/hour and lost 8 billable hours while attending PT, lost income = $50 × 8 = $400, less any expenses you no longer incurred.

Workers’ compensation claims

Workers’ compensation wage replacement often follows a statutory percentage of your average weekly wage rather than full gross pay (check New Hampshire workers’ compensation rules). If you pursue workers’ compensation, contact the New Hampshire Department of Labor for precise rules and benefit rates: https://www.nh.gov/labor/.

Step 5 — Account for taxes and withholdings

When you document and claim lost wages, most personal-injury claims use gross wages as the starting point. Tax and withholding effects are handled at settlement or judgment stage and vary by situation; talk to an accountant or attorney about net recovery expectations.

Step 6 — Special considerations

• Partial-day absences: calculate actual hours missed rather than rounding up unless your employer’s payroll practice dictates otherwise.
• Travel time: only compensable under certain rules — note actual travel time and whether you were paid for it.
• Future appointments: if your doctor prescribes continued PT, show the expected schedule and attach an earnings projection for future wage loss.
• Documentation gaps: if you lack employer records, sworn statements, contemporaneous notes, and corroborating medical appointment logs help fill gaps.

How a New Hampshire claim typically proceeds

If you file a property-damage/personal-injury claim with an insurer, present your lost-wage computation, documentation, and an employer verification. The insurer will verify and may accept or dispute the amount. If disputed, you can negotiate, use mediation, or file a suit. If the claim is through workers’ compensation, follow employer and Department of Labor procedures for filing and medical treatment authorization.

For general guidance from the New Hampshire government about workplace injuries and benefits, see: New Hampshire Department of Labor. For the full text of New Hampshire laws (Revised Statutes Annotated), see the RSA index: https://www.gencourt.state.nh.us/rsa/html/.

When to get help

If the insurer disputes your wage amount, if you have complicated income (commissions, bonuses, self-employment), or if the wage loss is long-term or affects future earning capacity, consult a lawyer who handles injury or workers’ compensation claims. If you decide to consult an attorney, bring the documentation listed above so they can assess your claim quickly.

Helpful Hints

• Log every appointment: date, clock-in and clock-out times, and travel time. Time-stamped documents (email confirmations, intake forms) are strong proof.
• Ask your medical provider for appointment time notes that include how long you were there and whether the appointment prevented you from working that day.
• Request an employer verification letter stating wage rate, typical hours, and whether you used paid leave or lost pay for the absences.
• Keep copies of pay stubs for several months before and after the injury to prove your typical earnings and any variance.
• For salaried employees, compute an hourly equivalent using your employer’s normal workweek (don’t assume 40 hours if your job’s schedule differs).
• Self-employed people: keep invoices, client communications, and bank records. Consider contemporaneous statements from clients if you lost billed hours.
• If you’re pursuing workers’ compensation, file claims promptly and follow employer and Department of Labor procedures. See the New Hampshire Department of Labor page: https://www.nh.gov/labor/.
• Don’t sign releases or settlement offers until you understand whether they fully compensate for lost wages and future treatment-related absences.