Detailed Answer
After a personal injury in Pennsylvania, you can claim lost wages as part of your special damages recovery. Pennsylvania law recognizes lost wages as compensation for income you lose when you cannot work due to your injury. To document and claim these damages, follow these steps:
- Obtain medical documentation. Seek treatment immediately and get a physician’s note stating your inability to work for specific dates. Keep all medical records and doctor’s notes.
- Gather income proof. If you are a W-2 employee, collect pay stubs, W-2 forms, and an employer’s letter on company letterhead verifying the days you missed work. If you are self-employed or a contractor, compile profit-and-loss statements, 1099 forms, tax returns, and bank records reflecting your earnings.
- Calculate your lost wages. Multiply your average daily or weekly income by the number of workdays you missed. Include regular overtime or bonuses if you typically earn them. For variable income, calculate an average over a representative period (e.g., the last 12 months).
- Account for partial work and alternative income. If you return under restrictions or work part-time, document hours worked and income earned. Subtract any compensation you received during recovery from your total lost wages.
- Include lost wages in your demand or lawsuit. When you send an insurance demand letter or file suit, itemize your lost wages separately. Attach all supporting records. Under Pennsylvania’s Personal Injury Protection (PIP) law, you may recover up to $5,000 for lost wages (75 Pa.C.S. § 1711). For bodily injury liability claims, common-law negligence allows full recovery of proven lost earnings.
- Observe the statute of limitations. File your personal injury lawsuit within two years of the injury date, as required by 42 Pa.C.S. § 5524.
Consult a personal injury attorney to review your documentation, negotiate with insurers, and ensure procedural compliance.
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a licensed attorney for advice tailored to your situation.
Helpful Hints
- Keep a daily work diary noting dates missed, symptoms, and work restrictions.
- Notify your employer in writing about your injury and request their cooperation in documenting missed work.
- Ask your doctor for work-status updates each visit, even if restrictions change.
- If you can’t return to your prior job, consider a vocational expert report to value future lost earnings.
- Save all emails, letters, and phone logs with insurance adjusters.
- Track related expenses, like mileage to medical appointments, as additional damages.