FastCounsel

Disclaimer: This content is for informational purposes only and does not constitute legal advice.

Detailed Answer

In West Virginia, when a court or administrative agency calculates lost wages as part of economic damages, it considers all forms of compensation you lost due to an injury or other covered event. While personal injury cases rely on general principles, West Virginia Code §23-4-6 broadly defines “wages” for workers’ compensation purposes and serves as a useful guide. By analogy, lost-wage claims in civil cases typically include:

• Regular Wages or Salary: Your base pay or hourly rate. This covers straight-time earnings you would have received during your recovery.
• Overtime Pay: Premium pay for hours worked beyond your standard schedule. WV Code §23-4-6 defines wages to include overtime compensation.
• Bonuses and Commissions: Performance-based or sales-based earnings you regularly earn. Courts look at your employment history and bonus structures.
• Tips and Gratuities: Documented tips if you work in industries like hospitality or food service. Provide tip logs or bank deposit records.
• Self-Employment Income: Net profits from your business or freelance work, after subtracting ordinary business expenses consistent with IRS rules.
• Fringe Benefits and Contributions: Employer-paid items—such as health insurance premiums, retirement plan contributions, company vehicle allowances, and other perks—can factor into your lost compensation.
• Retirement and Pension Contributions: Employer matching contributions or accruals you forfeit because you cannot work.
• Other Incentive Pay: Stock options, profit-sharing distributions, tuition reimbursements, or similar benefits you lose directly due to your inability to work.

Court and administrative decisions require clear documentation—pay stubs, tax returns, employer statements—to demonstrate each lost income type. The goal is to restore you to the financial position you would occupy but for the injury or covered event.

For more on how West Virginia defines wages under workers’ compensation law, see West Virginia Code §23-4-6: https://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=23&article=4&section=6.

Helpful Hints

• Gather pay stubs for at least one year before your injury to establish a baseline.
• Collect federal and state tax returns to verify self-employment income and fringe benefits.
• Request a detailed wage statement from your employer outlining bonuses, overtime, and benefits.
• Maintain a daily or weekly log of tips or gratuities if applicable.
• Track any lost employer-paid benefits—such as health insurance premiums or retirement contributions—after you stopped working.
• Consult a certified public accountant or financial professional to prepare a clear summary of net business profits.
• Organize all records in one file to help your attorney evaluate and present your lost-wage claim efficiently.