Detailed Answer
After a personal injury in New York, you can recover lost wages as part of your economic damages. To support your claim, you need to document the income you actually lost and, if applicable, your reduced earning capacity.
1. Identify What Counts as Lost Wages
- Regular pay (hourly or salary) you forfeited.
- Overtime, bonuses, commissions or tips you would have earned.
- Self-employment income that you missed.
2. Gather Proof of Income
Collect these documents:
- Pay stubs showing gross wages for several months before your injury.
- W-2 forms or 1099s confirming annual income.
- Tax returns for the past two to three years.
- A letter from your employer confirming your normal schedule, pay rate and hours you missed.
3. Get Medical Evidence of Disability
Doctors’ notes and medical records must link your injury to your inability to work. Include:
- Physician statements outlining work restrictions and recovery timeline.
- Physical therapy notes or rehabilitation reports.
4. Calculate Your Lost Earnings
Use your pre-injury average weekly or monthly income multiplied by the weeks missed. For example, if you earned $800 per week and missed 10 weeks, your claim equals $8,000.
5. Future Lost Wages
If your injury affects your earning capacity long-term, calculate future losses by:
- Estimating the percentage reduction in your ability to earn.
- Multiplying that percentage by your expected future earnings.
- Applying a discount rate to present value under CPLR § 4111.
6. Include Lost Wages in Your Demand or Complaint
When you file a demand letter or court complaint, specify the exact lost-wage amount and attach all supporting documents.
7. New York Auto Insurance (If Applicable)
If your injury arises from a car accident, you can first seek No-Fault (PIP) benefits under Insurance Law § 5102. No-Fault pays 80% of lost earnings up to $2,000 per month. Any unpaid balance above that becomes part of your bodily injury claim.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your case and rights under New York law.
Helpful Hints
- Track every day you miss work—use a calendar or journal.
- Keep copies of all correspondence with insurers and employers.
- Submit wage-loss claims promptly to avoid disputes.
- Consider using an accountant or vocational expert for future loss calculations.
- Review your employer’s leave policies (FMLA, sick leave, PTO).