An accident can impact more than just your physical well-being—it can significantly affect your ability to earn a living. If injuries prevent you from working, the financial strain can be overwhelming. Fortunately, Connecticut law provides avenues for injured individuals to seek compensation for lost earnings under certain circumstances.
Understanding Lost Earnings in Personal Injury Cases
Lost wages encompass the income you would have earned had you not been injured and unable to work or limited in your work capacity. This includes both current lost income and potential future earnings you may miss due to long-term or permanent injuries. For example, a construction worker with a severe back injury might be unable to return to their physically demanding job for an extended period. To recover lost wages in a personal injury claim, you must:
- Prove the accident resulted from someone else’s negligence
- Provide evidence that your injuries prevent you from performing your job duties
- Essential documentation typically includes medical records, pay stubs, tax documents (such as W-2s), and letters from your employer confirming lost time and pay.
Calculating Lost Wages
The process of calculating lost earnings depends on several factors:
- Your type of employment
- Your compensation structure (hourly, salary, overtime, bonus, commission)
- The severity of your injuries
For salaried employees, the calculation is relatively straightforward—multiply your daily wage by the number of missed workdays. For hourly employees, multiply your hourly rate by the hours you would have worked during your recovery period. Self-employed individuals face a more complex process, often requiring additional documentation such as invoices, contracts, or profit-and-loss statements to demonstrate pre-injury earning capacity.
Loss of Earning Capacity
If your injuries are permanent or have long-term effects, you may be eligible for compensation for “loss of earning capacity.” This accounts for future income you’re likely to lose due to diminished physical or mental capabilities. In Connecticut, the Supreme Court has approved estimating lost earnings/earning capacity based on a percentage of estimated productivity loss, as demonstrated in a case handled by Casper & de Toledo.
Strengthening Your Claim
To improve your chances of recovering lost wages:
- Maintain detailed records of your pre-injury earnings
- Follow your doctor’s recommendations closely
- Obtain comprehensive medical documentation linking your injuries to your inability to work
- Communicate with your employer and request a formal letter describing how your injuries have impacted your job performance
- Work with an experienced personal injury lawyer familiar with Connecticut laws
It’s important to note that while Connecticut law allows for recovery of lost wages and earning capacity, the process can take years to resolve. In the meantime, you may need to rely on short-term and long-term disability coverage through your employer. An experienced personal injury lawyer such as the lawyers at Casper & de Toledo in Stamford, CT can help gather and present necessary evidence effectively, maximizing your chances of receiving fair compensation. If you have additional questions or need legal assistance, contact us for guidance through this complex process.
