Detailed answer: How to calculate lost wages after ER and PT visits

1. Identify the legal path for recovery

Start by determining whether the claim will be made through:

• Workers’ compensation — if the injury happened at work or in the course of your job duties, wage-replacement rules and claim procedures differ from a civil personal-injury claim.
• Personal-injury (third-party) claim or insurer claim — if another person, driver, or business caused your injury, you may claim lost earnings as part of economic damages.

Each path uses similar documentation but different legal rules about what counts, offsets, and timing.

2. Gather the records you need

Documenting lost wages is the most important step. Collect:

• Pay stubs or payroll reports showing gross pay, hourly rate, hours worked, and pay period history.
• W-2s or 1099s from prior years if needed to compute average earnings.
• Employer confirmation (signed letter or payroll printout) stating exact dates/times you missed, whether you were paid (sick/vacation) and any pay made while absent.
• Time sheets or scheduling records when available.
• Medical records showing ER visit times, discharge instructions, and physical therapy attendance records or receipts.
• A contemporaneous log (date, time missed, reason, hours missed) you kept for each appointment or impairment day.

3. Use the correct calculation method for your work situation

Below are practical formulas and examples. Always use gross wages (before tax) for calculation of lost earnings unless a law or insurer instructs otherwise.

Hourly employees

Formula: hourly rate × hours actually missed.

Include overtime pay you would have earned if you lost scheduled overtime that you cannot work because of appointments. Example:

Example: $20/hour. ER visit forced you off work for 4 hours. You missed three PT appointments of 2 hours each (6 hours). Total missed = 10 hours × $20 = $200 in lost wages.

Salaried (exempt) employees

Convert salary to a daily or weekly equivalent to measure missed time.

Formula: (annual salary ÷ 52) ÷ typical workdays per week × days missed, or (annual salary ÷ 2,080) × hours missed when using a 40-hour basis.

Example: $52,000/year → weekly = $1,000. If you miss two workdays due to appointments in one week (2 of 5 days), lost wages = $1,000 × (2/5) = $400.

Employees with irregular hours or commissions

Use an average of prior pay periods to set a reasonable baseline. Common approaches:

• Average weekly earnings over the last 12 or 26 weeks (or the period your employer used historically).
• Average commissions, bonuses, or tips over a defined period that fairly represents your usual income.

Self-employed or contractors (1099)

Use business records: profit-and-loss statements, bank deposits tracing to business income, 1099s, and tax returns. Compute a weekly or hourly equivalent from net income after reasonable business deductions. Keep copies of invoices you could not complete because of missed time.

4. Consider offsets and mitigation

Two common adjustments can reduce your recoverable lost wages:

• Paid leave: If your employer paid you sick time or vacation while you missed work, insurers or opposing parties may argue that there are no lost wages. You may still be able to claim the value of your paid leave (some claims treat employer-paid leave as not reducing economic loss), but you should document exactly what you received.
• Mitigation: You must reasonably try to reduce your loss. For example, if you could make up hours, work a lighter schedule, or attend therapy outside work hours, a payer may argue you failed to mitigate. Document communications with your employer about schedule changes and show why mitigation was not practical.

5. Show causation: link each missed hour to medical care or medical restrictions

Insurers and decision-makers look for a clear link between medical care and the time missed from work.

• ER records should show your visit date/time and limitations (e.g., “patient advised not to work for 24–48 hours”).
• Physical therapy notes and appointment cards show dates and duration of visits.
• Doctor recommendations (return-to-work notes) that restrict hours or duties help justify lost time beyond appointment hours.

6. Presenting the calculation to an insurer, adjuster, or judge

1. Begin with raw math: show the hourly/daily rate, the exact hours/days missed, and the multiplication that yielded the lost-wage figure.
2. Attach supporting documents in order: pay stubs, employer confirmation, medical records, appointment receipts, and your diary/log.
3. Explain any averages used and why (e.g., averaging 12 weeks because of variable overtime).
4. If you received pay while off, show pay statements and explain whether that pay was sick leave or full wage; clarify whether you seek reimbursement for used sick time.

7. Differences for workers’ compensation claims

If you file a workers’ compensation claim in North Dakota, the agency and rules governing benefit amounts differ from civil claims. Workers’ compensation typically pays a statutory percentage of your average weekly wage and can include temporary partial or total disability benefits. Contact Workforce Safety & Insurance (the North Dakota workers’ compensation carrier) or a North Dakota attorney for specific benefit formulas and filing rules: Workforce Safety & Insurance (WSI).

8. Typical pitfalls to avoid

• Missing documentation — without employer or payroll records, insurers may dispute the amount.
• Failing to track partial days — even an hour counts; track time to the nearest 15 minutes if possible.
• Confusing net pay (take-home) with gross pay — recover gross earnings unless specifically limited by law or agreement.
• Ignoring fringe benefits — some recoverable economic losses include lost retirement contributions or documented out-of-pocket costs tied to missed work.

9. Example calculations (simple hypotheticals)

Example A — Hourly:

Hourly rate: $18. ER visit: missed 3 hours. Three PT visits, each 1.5 hours, missed while at work: 4.5 hours. Total missed = 7.5 hours × $18 = $135.

Example B — Salaried:

Salary: $60,000/year = $1,153.85/week. Missed one full day (1/5 workweek) and two 2-hour appointments during the same week (2/8 of a day = 0.25 day). Total missed = 1.25/5 of a week. Lost wages = $1,153.85 × (1.25/5) ≈ $288.46.

10. When to get help from a North Dakota attorney

Consider consulting a North Dakota attorney if:

• The insurer denies or underpays your claim.
• Your lost-wage calculation is complex (self-employed, irregular pay, significant future wage loss).
• Workers’ compensation rules apply and you face a dispute with WSI or your employer.

For a local lawyer referral, see the State Bar of North Dakota: North Dakota Bar Association.

Helpful Hints — quick checklist to document and calculate lost wages

• Keep a dated log of every appointment and every minute you missed at work.
• Ask payroll for a written statement of missed hours and any pay you received for those hours.
• Collect ER and PT records that include dates and times; many records will show check-in/checkout timestamps.
• Save pay stubs for at least the last 3 months (or longer if you have variable income).
• For irregular income, pull 6–12 months of pay records or tax returns to build an accurate average.
• If you received sick or vacation pay, get a clear breakdown: what days those funds covered and whether you still seek reimbursement.
• Keep communications with your employer (emails/texts) about schedule changes, return-to-work status, and accommodation requests.
• Ask the medical provider for notes that explain any recommended work restrictions or inability to work.
• When in doubt, take photos or screenshots of appointment confirmations and parking receipts — small details help prove time spent.
• Consult an attorney early if the amount is significant, the insurer disputes your math, or you’re unsure which claim process applies.

Remember: This article explains common approaches and practical steps. It does not replace legal advice. For questions about North Dakota law and how it applies to your facts, consult a licensed North Dakota attorney.