Detailed Answer — How to calculate lost wages after ER and physical therapy appointments

If you missed work for an emergency room (ER) visit and subsequent physical therapy (PT) appointments after a minor neck or back injury, lost wages are the money you actually did not earn because you were unable to work. Calculating those lost wages in Virginia follows a straightforward documentation-and-math process. Below are the steps, evidence to collect, how to handle hourly vs. salaried employment, special situations (self-employment, use of paid leave, worker’s compensation), and a few short examples.

1. Decide which wage category applies

• Past lost wages (economic damages): Pay you already lost from missed shifts or hours because of appointments or recovery.
• Future lost earnings: Lost pay you expect to lose in the future because of ongoing restrictions. This usually requires medical and vocational evidence.

2. Gather documentation

Proof is everything in a lost-wage claim. Collect:

• Pay stubs or W‑2s showing your hourly rate, salary, overtime rates, and regular income.
• Employer statements: a signed letter or payroll report showing dates/hours missed and whether you were paid (PTO/sick pay) or unpaid.
• Timesheets or clock-in records showing missed hours.
• Appointment records and medical bills from the ER and PT (dates and times attended).
• Receipts for out-of-pocket costs (parking, mileage, childcare while attending appointments).

3. Basic calculations

Use gross wage rates (before taxes) unless told otherwise by your attorney or the payer. Common approaches:

• Hourly employee: Lost wages = hourly rate × hours missed. Include overtime if you would have earned it during missed hours.
• Salaried employee: Convert salary to an hourly or daily equivalent. Example conversion: annual salary ÷ 2,080 = hourly rate (for full-time employees). Lost wages = hourly rate × hours missed or daily rate × days missed.
• Self-employed/contractors: Use profit-and-loss records, invoices, 1099s, and bank deposits to show earnings lost. You may subtract normal business expenses to show net lost earnings.

4. Handling paid time off and mitigation

If your employer paid you with PTO or sick leave for the time you missed, you did not lose cash wages for those hours; however, some claims allow recovery for the value of PTO you were forced to use because of the injury (because you lost the future use of that leave). Discuss this with counsel — practices vary.

5. Worker’s compensation vs. personal injury

If the injury happened at work, your remedy may be through Virginia’s workers’ compensation system rather than a private personal injury claim. Workers’ compensation pays disability benefits at statutory rates rather than full gross wages. For information about the Virginia Workers’ Compensation Act, see: Code of Virginia, Title 65.2 (Workers’ Compensation).

6. Statute of limitations (Virginia)

In Virginia, personal injury claims must be filed within the time limits set by Virginia law. Make sure you know the applicable deadlines. Relevant civil procedure and damages law is in Code of Virginia, Title 8.01 (Civil Remedies and Procedure). Consult an attorney promptly to preserve your rights.

7. Examples

Example A — Hourly worker:

• Hourly rate: $20.00
• Missed 4 hours for an ER visit + 3 PT sessions at 2 hours each = 4 + 6 = 10 hours total missed
• Lost wages = 10 × $20 = $200

Example B — Salaried employee:

• Annual salary: $52,000.00
• Hourly equivalent: $52,000 ÷ 2,080 = $25.00/hour
• Missed one full workday (8 hours) for appointments = 8 × $25 = $200

8. Presenting the claim to the insurer or opposing party

When you submit a demand for lost wages, provide an itemized spreadsheet or ledger that lists each date, hours missed, hourly/daily rate used, total amount, and attaching supporting pay stubs and employer verification. Separate past lost wages, anticipated future wage loss, and out-of-pocket expenses in your demand.

9. Taxes and net vs. gross amounts

Claims typically state gross lost wages. The tax consequence of a personal injury settlement varies depending on the type of damages recovered and the facts. Talk to an attorney and accountant before accepting a settlement.

10. If the insurer disputes your amount

Insurers may ask for more proof: employer verification, more detailed payroll records, or medical evidence that appointment time was medically necessary. If you cannot agree, an attorney can help negotiate or litigate the claim.

Helpful Hints

• Keep a contemporaneous log of every appointment: date, start and end time, travel time, and purpose.
• Get a written employer statement confirming hours/days missed and whether you were paid or used PTO.
• Keep all pay stubs, W‑2s, 1099s, invoices, and bank deposit records.
• Save ER and PT visit records and bills — appointment times on medical records help prove how much work time you missed.
• If you’re self-employed, prepare profit-and-loss statements and client invoices to show lost income; consider getting a certified public accountant to prepare a report if needed.
• Document incidental costs (parking, mileage, childcare) with receipts — those are reimbursable out-of-pocket losses in many claims.
• If the injury happened at work, start a workers’ compensation claim and preserve evidence separately; do not rely only on a tort claim against a third party until you know the legal path.
• Don’t sign a full release or settlement without confirming the amount for lost wages is correct and talking with an attorney.
• Act promptly: statutes of limitation can bar claims—see general Virginia civil procedure at Code of Virginia, Title 8.01.