Disclaimer
This article is for educational purposes only. It does not constitute legal advice. If you need guidance on your specific situation, consult a qualified attorney.
Detailed Answer
Under Ohio law, lost wages form part of pecuniary loss in a personal injury or employment-related claim. The Ohio Revised Code defines pecuniary loss to include “loss of earnings or earnings capacity.” Ohio Revised Code § 2315.18(A)(1) covers this.
The following types of income can be included when calculating lost wages in Ohio:
- Base Salary or Hourly Pay: Your regular gross pay before taxes and deductions.
- Overtime Earnings: Compensation for hours worked beyond your standard schedule, if regularly earned.
- Commissions and Tips: Sales commissions, service charges and customer tips you reasonably expected to earn.
- Bonuses: Discretionary or non‐discretionary bonuses you were entitled to receive.
- Paid Leave: Cash value of unused vacation, sick leave or paid time‐off benefits.
- Fringe Benefits: Employer contributions to health insurance, retirement plans, pension, 401(k) or profit‐sharing programs.
- Deferred Compensation: Stock options, restricted stock and other deferred pay arrangements.
- Other Regular Allowances: Car allowances, housing stipends or uniform reimbursements regularly provided by your employer.
For future lost wages, Ohio courts allow expert testimony to project:
- Expected raises, promotions or changes in job status.
- Inflation or cost‐of‐living adjustments.
- Long‐term disability or capacity limitations affecting your earning power.
You must document all elements with employer records, pay stubs, benefits statements and expert reports where appropriate. Courts assign a reasonable rate of pre‐injury earnings and consider credible evidence of projected future income.
Helpful Hints
- Gather detailed pay stubs and employer benefit statements as soon as possible.
- Track sick leave, vacation days and any other paid time off you can’t use.
- Keep records of commissions, tips and bonus payouts for at least one year.
- Work with a vocational or economic expert for future wage projections.
- Discuss lost fringe benefits with your attorney to ensure full recovery.
- Compare your pre‐injury earnings to your post‐injury earnings to show the gap.
- Review R.C. 2315.18 for statutory definitions of pecuniary loss.