Yes. If a car accident caused you to miss work, you may be able to recover your lost wages as part of your injury claim. This applies whether you missed a few days, several months, or if your injuries affect your ability to work long-term.
What Are Lost Wages?
Lost wages, sometimes called lost income or lost earnings, is the money you would have earned if you had not been injured. This can include:
- Regular hourly or salary income you missed while recovering
- Overtime pay you would have earned
- Bonuses or commissions you missed out on
- Self-employment income lost while you were unable to work
- Sick or vacation days you were forced to use
How Does Massachusetts Handle Lost Wages After a Car Accident?
Massachusetts is a no-fault insurance state. This means that after a crash, you first file a claim with your own insurance for medical bills and lost wages, regardless of who was at fault. This coverage is called Personal Injury Protection, or PIP.
PIP covers up to $8,000 in combined medical expenses and lost wages. However, for lost wages specifically, PIP typically covers 75% of your gross weekly wages, up to the policy limit.
If your losses exceed your PIP coverage, or if your injuries are serious enough to step outside the no-fault system, you may be able to file a claim directly against the at-fault driver for additional lost wages.
What About Future Lost Earning Capacity?
Some injuries are severe enough to change what you can do for work permanently. If a car accident affected your ability to earn income going forward, you may be entitled to compensation for future lost earning capacity. This is separate from lost wages for time already missed.
For example, one DiBella Law client suffered extensive nerve damage in a car accident. He could no longer perform his duties as a scientist. His claim included not just his current lost wages, but the long-term income he was no longer able to earn.
How Do You Prove Lost Wages?
To recover lost wages, you will need documentation. This may include:
- Pay stubs or salary records from before the accident
- A letter from your employer confirming the time you missed and your pay rate
- Tax returns, especially for self-employed workers
- A doctor’s note stating that your injuries prevented you from working
The stronger your documentation, the stronger your claim. An attorney can help you gather the right records and present them properly.
What If You Are Self-Employed?
Self-employed workers can still recover lost income, but the process is a bit more involved. You will typically need to show your average earnings using tax returns or business records. An attorney with experience in these cases can help you document your income properly.
Get the Compensation You Deserve
Lost wages are one part of a larger picture. If you were hurt in a car accident and missed work, do not leave money on the table. Call DiBella Law Injury and Accident Lawyers at 855-342-3552 for a free consultation. With over 20 years of experience helping injured people in Massachusetts and New Hampshire, DiBella Law knows how to fight for every dollar you are owed. No fee unless we win.