Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In South Carolina, “lost wages” generally refers to the income you would have earned but for an injury, illness, or other covered event. Courts and insurance companies will include all sources of compensable income to ensure you are restored, as closely as possible, to the financial position you occupied before the loss. To prove lost wages, you must present reliable documentation, such as pay stubs, tax returns, employment contracts, or business records. See S.C. Code Ann. §15-7-210 for evidentiary standards in personal injury cases.
Types of Income Included in Lost Wages Calculations
- Base Salary and Hourly Wages: Regular earnings based on your employment agreement or hourly rate.
- Overtime Pay: Additional compensation for hours worked beyond standard schedules.
- Commissions and Bonuses: Performance-based incentives tied to sales targets or productivity.
- Tips and Gratuities: Income from service industry work that your employer reported.
- Sick Leave, Vacation and Paid Time Off: The monetary value of accrued benefits you would have used.
- Self-Employment and Business Income: Net profits, distributive shares, or draw amounts shown on tax returns.
- Fringe Benefits: Employer-paid health insurance premiums, retirement contributions, stock options, auto allowances, profit-sharing, and similar non-cash compensation.
When you claim lost wages, include gross income before taxes and withholdings, less any savings you would not have realized absent the injury. For future lost earnings, you may need expert testimony to calculate changes in earning capacity over time.
Helpful Hints
- Gather pay stubs, W-2s, 1099s, and business ledgers as soon as possible.
- Document hours worked each week and keep a log of days missed.
- Request an employer earnings statement detailing overtime, commissions, and benefits.
- For self-employed claimants, maintain meticulous accounting records and file timely tax returns.
- Estimate the value of fringe benefits using employer statements or industry standards.
- Consult a forensic accountant for complex or variable income streams.
- Review the procedural requirements in S.C. Code Ann. §15-7-210 to ensure your proof meets South Carolina’s evidentiary rules.
This material is general information, not legal advice. To discuss your specific situation, contact a qualified attorney in South Carolina.