FastCounsel

Overview. When you miss work for an ER visit or physical therapy (PT) after a minor neck or back injury, you may be entitled to recover lost wages as part of a personal injury claim or insurance settlement. In Texas, courts allow recovery for actual economic losses, including past lost earnings and, in some cases, future lost earning capacity. To win that recovery you must prove the amount with reasonable certainty using reliable documentation and a clear calculation method.

What counts as lost wages?

• Actual pay you missed because of medical visits or inability to work (hourly pay, salary, commissions, bonuses, tips).
• Overtime and shift differentials you otherwise would have earned.
• Lost future earnings or earning capacity if your injury causes lasting limitations that reduce your ability to earn, supported by medical and vocational evidence.
• Self-employed income lost when you could not perform billable work or complete contracts.

Texas law basics.

Texas allows recovery of economic damages such as lost earnings. For a high-level reference on damage recoveries in Texas, see the Texas Civil Practice & Remedies Code, Chapter 41 on limitations on recovery of damages: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm.

Steps to calculate lost wages

1. Decide what you’re claiming:
   • Past lost wages (time you already missed).
   • Future lost earnings (if medical evidence shows long-term impact).
2. Collect documentation:
   • Pay stubs covering the period before and after injury.
   • W-2s and federal tax returns (last 1–3 years) to show typical earnings.
   • Employer verification letter or payroll records showing dates/hours missed and how you are paid (salary, hourly, commission).
   • Timesheets, schedules, and clock-in/out records.
   • ER discharge summary and PT attendance logs, bills, and appointment records listing dates and times.
   • Emails or written requests for time off, as well as notes showing whether you used PTO or unpaid leave.
   • If self-employed: invoices, client contracts, bank deposits, profit-and-loss statements, and tax forms (Schedule C or 1099s).
3. Calculate past lost wages:
   • Hourly employees: multiply hours missed by your hourly rate, adding overtime multipliers or shift premiums you would have earned.
   • Salaried employees: convert salary to an hourly or daily rate. Common methods: annual salary ÷ 52 weeks = weekly pay; weekly pay ÷ typical hours per week = hourly rate. (Or use annual salary ÷ 2,080 for a standard 40-hour year.) Then multiply by hours/days missed.
   • Commission/bonus workers: compute an average of recent commissions/bonuses (for example, 6–12 months) to determine typical earnings and multiply by the proportion of time you missed; show the averaging method and supporting records.
   • Self-employed: use bookkeeping records or tax returns to show income lost for the specific days or weeks; a CPA or accountant statement may strengthen your claim.
4. Account for paid leave and mitigation:
   • If you received pay while absent (vacation, sick leave, PTO), you did not suffer an out-of-pocket wage loss for those hours. Courts and insurers generally look for actual economic loss rather than the mere exhaustion of paid leave.
   • If you used PTO but want to be made whole, document whether you would have used that PTO anyway. Insurers often resist paying for time compensated by employer-provided leave.
   • Mitigate damages by returning to work when medically cleared; failure to mitigate can reduce recoverable losses.
5. Calculate future lost earnings (if applicable):
   • Use medical records and a treating physician’s prognosis to establish limitations.
   • Use a vocational expert or economist to project lost earning capacity and convert future losses to present value. Courts require reasonable certainty and credible methodology.
6. Document time spent at appointments:
   • Record appointment start and end times, travel, parking, and waiting time when you missed work for ER or PT visits. Keep clinic appointment cards, sign-in logs, and billing statements.
   • Combine those durations with your hourly/daily rate to compute time-based losses.
7. Prepare a clear calculation packet:
   • Show calculations step-by-step (hours missed × rate = lost pay).
   • Attach supporting documents (pay stubs, employer letter, appointment logs, medical notes).
   • For variable income, show the averaging period and math used to reach an average earnings number.

Example calculations

These are simplified examples for illustration only.

• Salaried worker: Annual salary $52,000 → weekly pay = $1,000 → hourly (40-hr wk) = $25. Missed one PT (2 hours) and an ER visit (6 hours). Lost wages = (2 + 6) × $25 = $200.
• Hourly worker: $18/hr, missed 8 hours of work for PT and ER combined. Lost wages = 8 × $18 = $144.
• Commission worker: Average weekly commission over past 12 months = $400. Missed two full workdays (2/5 of a week) while appointments prevented selling. Lost commission = $400 × 0.4 = $160 (supported by commission records).

Proof standards and disputes

You must show lost wages with reasonable certainty. Employers’ payroll records, tax returns, and contemporaneous appointment records are highly persuasive. If an insurer disputes your claim, be ready to explain your calculations and produce the underlying evidence. For contested future losses, expert testimony (vocational/economic) often becomes necessary.

Where to get help

If the insurer denies or undervalues your wage-loss claim, consider consulting an attorney who handles personal injury or insurance claim matters. A lawyer can help gather records, create a present-value calculation for future losses, and advise on settlement versus filing suit.

Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Texas attorney.

Helpful Hints

• Keep a contemporaneous log of every appointment, including travel and waiting times. Note dates and exact times.
• Ask your employer for a written verification of hours missed and whether you were paid (PTO, sick leave) for those hours.
• Save all pay stubs, W-2s, 1099s, and tax returns for at least the prior 12 months to show your typical earnings pattern.
• For variable pay (commission, tips, bonuses), calculate averages using a reasonable period (commonly 6–12 months) and keep the math transparent.
• If self-employed, back up lost-income claims with invoices, client communications, bank deposits, and a profit-and-loss statement. A CPA letter strengthens credibility.
• Get and keep medical records showing the reason for missed work (ER notes, PT attendance, doctor’s work restrictions or notes recommending time off).
• If you used PTO or accrued leave, document whether you were actually paid for the time off. Insurers are less likely to pay for time you already received pay for.
• Do not sign releases or full settlement releases until you understand whether the settlement includes reimbursement for lost wages and medical expenses.
• If your claim includes projected future losses, expect to need an expert (vocational consultant or economist) to translate medical limits into dollar figures.
• Keep copies of all correspondence with employers and insurers and respond promptly to documentation requests to avoid disputes about your claim.