Detailed Answer
If you missed work because you went to the emergency room (ER) and later attended physical therapy (PT) for a minor neck or back injury, you can usually recover those lost wages as part of a personal-injury claim or through workers’ compensation (if the injury happened at work). Below is a step-by-step, practical method to calculate lost wages in New Jersey and documentation you will need to prove them.
1) Identify the legal route
- If the injury happened at work, file through New Jersey workers’ compensation. See the New Jersey Department of Labor’s workers’ compensation resource for details: NJ Department of Labor — Workers’ Compensation.
- If the injury came from a car crash or another party’s negligence, lost wages are usually claimed as special damages in a personal-injury case or under your auto Personal Injury Protection (PIP) benefits where applicable.
2) Decide which wage figure to claim: gross vs. net
Most claims for lost earnings use your gross pay (before taxes and withholdings). Use pay stubs, W-2s, or employer payroll records to show gross earnings. For independent contractors or self-employed people, use 1099s, tax returns, and bank statements to show historic earnings.
3) Basic formulas for common pay arrangements
Gather your pay stubs and determine the appropriate formula based on how you are paid:
- Hourly worker: hourly rate × hours missed. If you missed overtime hours that you would normally have worked, calculate overtime at the overtime rate (e.g., 1.5× regular rate).
- Salaried worker: (weekly salary ÷ regular work hours per week) × hours missed. If salary is fixed and you could not make up the time, prorate to the hours or days actually missed.
- Commission/bonus pay: calculate historical average for the relevant period (e.g., average weekly commission over the prior 3–6 months) and multiply by the time missed.
- Self-employed / 1099: use average net earnings per week or month from recent tax returns (Schedule C or business profit/loss) and prorate to the time missed. Keep bank deposits and invoices to support the amount.
4) Example calculations (simple)
Example A — Hourly employee:
Hourly pay = $20/hour. ER visit and PT appointments cost you 12 work hours total over two weeks (including travel time you otherwise would have worked).
Lost wages = $20 × 12 = $240 (plus overtime if any of those hours were overtime hours).
Example B — Salaried employee:
Salary = $780/week for a standard 40-hour week. Two half-days (8 hours) missed in total.
Hourly equivalent = $780 ÷ 40 = $19.50/hour. Lost wages = $19.50 × 8 = $156.
5) Addable items and fringe benefits
- Lost bonuses or anticipated commissions directly related to the missed work period (use historical averages).
- Value of lost benefits in some cases (if material and provable), though courts most often award gross wages.
- Reasonable travel costs to medical appointments and parking (keep receipts).
6) When your employer paid you (sick leave, PTO, or full pay)
If your employer paid you while you missed work (sick time or PTO), you usually cannot claim the same lost wages from a third party—because you suffered no actual loss of income. However:
- If your employer can recover those wages from the at-fault party (subrogation), they may try to do so. That can affect your eventual settlement negotiations.
- If you used sick or vacation time and want to be made whole, tell your attorney—some settlements include an amount to restore used PTO even if employer paid you initially.
7) Mitigation duty
You must reasonably try to limit your losses. Attend recommended medical care, follow your provider’s instructions, and try to return to work for limited duties if your doctor permits. Failing to mitigate can reduce recoverable lost wages.
8) Proving your lost wages in New Jersey
Collect the following documents and organize them clearly:
- Pay stubs covering the period before and after the injury.
- Employer verification or a signed wage-loss letter showing dates and hours missed and pay rate.
- Timecards or timesheets and a normal work schedule.
- Tax returns, W-2s, or 1099s for self-employed workers.
- Medical records documenting ER visit and PT appointment dates, including any doctor notes stating you could not work or needed time off.
- Appointment confirmations, receipts, mileage logs, and parking receipts for medical visits.
9) Special New Jersey notes
- Workers’ compensation in New Jersey pays wage-related benefits for work-related injuries. For details about filing and the benefits framework, visit the New Jersey Department of Labor workers’ compensation page: https://www.nj.gov/labor/worker-protections/workers-compensation/.
- For court or settlement claims outside workers’ compensation (for example, a third-party motor vehicle accident), you will present the lost-wage evidence as special damages in negotiations or as admissible evidence in court. If your case involves an auto accident, New Jersey’s PIP and related insurance rules may affect how much you get and from which insurer.
- If you want to learn more about civil procedure, filing suit, or self-help resources in the New Jersey court system, see: New Jersey Courts – Self Help.
10) When to call an attorney
Consult an attorney if:
- The at-fault party disputes liability.
- Your employer disputes wage amounts or refuses to verify wages.
- You have complex earnings (commission, tips, contractor income) or foresee a claim for future lost earning capacity.
Helpful Hints
- Keep a contemporaneous log of every missed work period and the time you spent traveling to and from medical visits; judges and insurers give weight to contemporaneous records.
- Ask your employer for a written wage verification letter listing your pay rate, hours, and the dates you missed due to medical care.
- Save all pay stubs, tax forms (W-2s, 1099s), and bank deposits for at least one year after the injury—these documents prove historical earnings.
- Get clear medical documentation that links appointments and doctor-recommended time off to the injury (ER visit notes, PT attendance records, return-to-work notes).
- If you receive paid sick leave or PTO, note that in your file—explain whether you were actually paid or whether you want those days restored in a settlement.
- When in doubt about calculations, prepare a conservative, clearly documented estimate and keep backup docs. Insurers expect detailed backup.
- For self-employed individuals, maintain invoices, contracts, client emails showing lost jobs or reduced capacity during recovery.