Disclaimer: This article is for educational purposes and does not constitute legal advice. For legal advice, consult a licensed attorney.
Detailed Answer
Understanding Lost Wages Under Ohio Law
In Ohio, the law defines compensatory damages to include lost wages resulting from personal injuries. Under Ohio Revised Code §2315.18, you can recover wages you lost because of your injury. See ORC 2315.18 for more details: https://codes.ohio.gov/ohio-revised-code/section-2315.18.
1. Identify and Calculate Your Lost Wages
Start by reviewing your work schedule and pay records. Determine the hours or days you could not work due to the injury. Multiply those lost hours by your hourly rate or use your daily salary. For salaried employees, divide your annual salary by your typical number of work weeks.
2. Gather Documentation
Strong evidence helps support your claim. Collect:
- Pay stubs showing regular earnings before and after the injury.
- Timesheets or payroll records highlighting missed hours.
- A letter from your employer confirming days missed and lost wages.
- Tax returns or W-2 forms to prove your income history.
- Medical records and doctor’s notes confirming your inability to work.
3. Present Your Claim to the Insurer or Court
Submit a demand letter to the at-fault party’s insurer. Include a clear summary of lost wages, attach your documentation, and set a reasonable deadline for a response. If negotiations fail, you can file a lawsuit in the appropriate Ohio court.
4. Estimating Future Lost Earnings
If your injury causes long-term or permanent disability, you can claim projected future lost wages. Ohio Revised Code §2315.20 allows you to calculate future lost earnings based on life expectancy and worklife expectancy. See ORC 2315.20 for guidance.
Helpful Hints
- Keep a detailed log of all work missed and your daily symptoms.
- Ask your employer to provide written confirmation of lost hours.
- Stay organized: keep both digital and physical copies of all records.
- Consult a vocational expert for future earning capacity calculations.
- Track all related expenses, such as travel to medical appointments.