Quick overview

Lost wages are a type of economic damage you can claim after an injury caused by someone else or in some workplace situations. To get reimbursed you must show (1) that you missed work because of the injury, (2) how much you normally earn, and (3) precise, contemporaneous records proving the hours or days you lost. Appointments for emergency room (ER) care and physical therapy (PT) count as recoverable lost time if they caused you to miss work.

Detailed answer — step‑by‑step method to calculate lost wages

1. Decide what type of wage loss you are claiming

Typical categories:

• Past lost wages (hours/days already missed).
• Future lost earnings (lost earning capacity if you cannot return to the same level of work).
• Fringe benefits or bonuses lost because you missed time (sometimes included with proof).

2. Gather primary proof of your pre‑injury earnings

Collect documents that show how much you normally earn. Strong evidence includes:

• Recent pay stubs (last 8–13 weeks is typical; more if you have irregular hours).
• W‑2 forms and prior year tax returns (shows annual income).
• Employer letter on company letterhead stating your title, pay rate, normal schedule, and whether you were paid for missed time.
• Time sheets, payroll reports, or direct deposit records for hourly workers or contractors.

3. Document the actual time you missed for ER and PT

Keep appointment records and contemporaneous job‑related proof:

• Medical records and discharge papers showing ER visit date and approximate time in the ER.
• Physical therapy appointment records and attendance logs.
• Emails, texts, or employer absence reports showing you notified your employer of the appointment and missed work.
• Calendar entries and mileage logs for travel time, if applicable.

4. Basic calculation formulas

Use the simplest accurate calculation for your situation:

• Hourly worker: hourly rate × hours missed. Example: $18/hour × 8 hours = $144 for one day missed.
• Salaried worker: (annual salary ÷ number of workdays per year) × days missed, or (weekly salary ÷ workdays in a week) × days missed. Example: $52,000/year ÷ 260 workdays = $200/day.
• Self‑employed or commission: show income history (invoices, 1099s, bank deposits) and calculate average daily or weekly income for the relevant period.

5. Include related earnings losses

Don’t forget:

• Overtime you would have worked and lost because of the appointment.
• Bonuses or tips you missed when your hours were reduced.
• Travel time to and from appointments if that time otherwise would have been working time.

6. Adjustments and offsets you should consider

Several adjustments commonly affect the final number:

• If your employer paid you using sick leave, vacation, or other PTO while you were absent, you may not have suffered out‑of‑pocket wage loss. Some claimants still seek recovery for depletion of PTO; practices vary and proof is required.
• Saved expenses: if you saved ordinary work expenses (commute costs, meals), insurers may argue for a small offset. Keep receipts and notes showing actual savings.
• Taxes and withholdings: courts and insurers usually start with gross wages. Net (after‑tax) loss can matter for certain calculations, so discuss specifics with an accountant or attorney if needed.
• Mitigation: you must try to minimize your losses (for example, schedule PT around work hours if feasible). Failure to mitigate can reduce recoverable damages.

7. How to present the total to an insurer or opposing party

1. Make a clear spreadsheet showing dates missed, hours/days missed, rate, and subtotal for each date.
2. Attach supporting evidence (pay stubs, employer letter, appointment records, time sheets).
3. Provide proof of any payments you received (PTO, short‑term disability) so the reviewer can see whether you suffered an uncompensated income loss.
4. Include a short written explanation tying each absence to the injury and the medical appointment that caused it.

8. Special situations

Common complexities and how to handle them:

• Irregular hours / gig work: use an average of previous months or year to calculate a reasonable rate per day or hour; provide tax returns and bank deposits to support averages.
• Self‑employed loss of income: show contracts, canceled jobs, and statements from clients proving lost billable hours.
• Future lost earning capacity (if your neck/back injury causes lasting restrictions): you will likely need medical evidence and an economic expert to estimate future losses.

9. Time limits and where to check South Dakota rules

Personal injury claims in South Dakota are time‑limited. For current deadlines and statutory language, consult the South Dakota Codified Laws site and confirm the applicable statute of limitations for your case type: https://sdlegislature.gov/Statutes. For workplace injuries and workers’ compensation rules, see the South Dakota Department of Labor & Regulation workers’ compensation pages: https://dlr.sd.gov/workers_comp.

Practical example

Example A — hourly employee:

• Hourly rate: $20/hour.
• ER visit: missed 8 hours = 8 × $20 = $160.
• Three PT appointments: 2 hours each away from work, plus 0.5 hour travel each = 2.5 hours × 3 = 7.5 hours × $20 = $150.
• Total past lost wages = $310 (attach pay stub showing $20/hr and employer absence records).

Example B — salaried employee:

• Salary: $60,000/year. Divide by 260 workdays = $230.77/day.
• Missed two full days for ER and follow‑up = 2 × $230.77 = $461.54.
• If employer used PTO to pay you, note whether you actually lost income or only used vacation days.

Helpful hints

• Start documenting immediately. Contemporaneous records are far more persuasive than later recollection.
• Keep copies of all pay stubs, bank statements, appointment confirmations, and employer communications.
• Ask your employer for a written statement of wages, typical hours, and whether you were paid during absences.
• If you are self‑employed, preserve invoices, cancelled contracts, and client communications showing lost work.
• Track travel time and mileage for appointments if that time otherwise would be working time.
• Be transparent about PTO or short‑term disability payments; show whether you were made whole or suffered uncompensated loss.
• If the case involves a workplace injury, review workers’ compensation rights early. See: South Dakota workers’ compensation information.
• If you plan to make a claim against another party or an insurer, consider consulting a personal injury attorney early to preserve evidence and evaluate future‑loss claims. Use the South Dakota Bar to locate counsel if needed: https://www.sdbar.org/.