Detailed Answer
When you miss work due to injury, illness, or certain legal proceedings, you can seek compensation for lost wages under Wyoming law. “Lost wages” generally covers the income you would have earned if you had been able to work. In Wyoming courts, you can include several types of earnings in your calculation:
- Base Salary or Hourly Pay: Your regular wages or salary, whether paid weekly, bi-weekly, or monthly.
- Overtime Pay: Any overtime hours you would have worked and been paid for under your employer’s policy and the Fair Labor Standards Act (29 U.S.C. § 207).
- Bonuses and Commissions: Discretionary and non-discretionary bonuses, commissions on sales, and other performance-based pay you regularly earned.
- Shift Differentials and Premiums: Extra pay for night shifts, weekend work, hazard pay, or other premium rates set by your employer.
- Fringe Benefits Monetary Value: The cash value of employer-paid benefits you miss out on, such as health insurance contributions, retirement plan contributions, and paid leave (vacation, sick days).
- Tips and Gratuities: If you work in a tipped position, include the average tips you would have earned.
- Self-Employment Income: Net income from self-employment, minus business expenses, supported by your tax returns and profit/loss statements.
Wyoming law allows you to recover these losses as part of your general damages in a personal injury or employment case. Courts often rely on Wyo. Stat. § 1-1-109 (allowable damages) and jury instructions that instruct jurors to consider both past and future lost earnings. For reference, see the Wyoming Legislature at https://wyoleg.gov/Statutes/Title1.
To prove lost wages, gather documentation such as pay stubs, tax returns (Form W-2, Schedule C), employer statements, and performance records. An economist or vocational expert can also project future earnings when your injury leads to long-term limitations.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney in Wyoming for guidance specific to your situation.
Helpful Hints
- Keep detailed time records: Document dates and hours you miss with pay stubs or employer letters.
- Collect all compensation records: Include pay stubs, bonus plans, commission statements, and benefit summaries.
- Use expert opinions: Consider hiring a vocational expert to assess future lost earning capacity.
- Track fringe benefit values: Ask your HR department for the monetary value of benefits you lose.
- Preserve self-employed records: Save invoices, ledgers, and tax returns to support income claims.