Disclaimer: This article provides general information and is not legal advice. For personalized guidance, consult a qualified attorney.
Detailed Answer
Under New Hampshire law, you can recover lost wages in both workers’ compensation claims and personal injury actions. Lost wages represent the income you would have earned if an injury had not occurred. They cover more than just your basic salary.
1. Statutory Definition in Workers’ Compensation (RSA 281-A:34)
The New Hampshire Revised Statutes Annotated define “wages” broadly. RSA 281-A:34 states that wages include:
- Salary and hourly pay
- Overtime payments
- Commissions and bonuses
- Cost-of-living allowances
- Holiday, vacation, and sick pay
- Shift differentials and call-back pay
- The value of lodging, board, or housing provided in lieu of earnings
- Piecework and incentive payments
For the full statute, visit RSA 281-A:34.
2. Additional Income in Personal Injury Cases
In a personal injury lawsuit, courts allow you to claim:
- Past wages accurately documented by pay stubs or tax returns
- Future lost earnings based on your career trajectory
- Bonuses, tips, and other variable compensation
- Pension contributions and employer-paid benefits
- Self-employment income or profit distributions
- Lost overtime and shift premiums
Accurate documentation is crucial. Courts often require expert testimony or a vocational economist to project future losses.
Helpful Hints
- Keep all pay stubs, tax returns, and benefit statements.
- Track changes in hours, commissions, and bonuses.
- Document fringe benefits like health insurance or retirement contributions.
- Consult an economic expert for future loss projections.
- File timely claims under the applicable deadlines.
- Work with an attorney to gather and present wage evidence.