Let Our Dallas-Fort Worth Personal Injury Firm Help You Recover Compensation for Lost Wages
If you missed work due to a car crash, slip and fall, or other type of personal injury, Texas law allows you to recoup any wages you may have lost from the person responsible for your accident and injuries. However, it's important to act within the statute of limitations, which is generally two years from the date of the incident. By taking prompt action and gathering proper documentation, you can work towards recovering the wages you've lost due to someone else's negligence. Schedule your consultation with Dallas-Fort Worth personal injury lawyer Warren Armstrong today to learn more.
What Are Lost Wages?
Lost wages are any income you were or will be unable to earn as a result of your injury. As such, lost wages are not limited to those you have already missed out on and may include future income you will be unable to collect.
Generally, Texas law breaks lost wages down into three categories:
- Lost wages. Wages you lost during a period you were unable to work.
- Lost opportunities. This would include things like missing a job interview while you were recovering.
- Loss of earning capacity. If you have sustained a long-term disability from an accident and cannot make as much money as you did before your accident.
An important thing to remember is that if you lost your previous job due to your injuries and returned to work for lower pay, you may be entitled to the difference in pay between your previous job and the job you now hold.
Are Lost Wages Limited to My Hourly or a Salary Pay?
When dealing with lost wages, all forms of lost income are considered. Whether you are a part-time worker, an hourly employee, or even self-employed, as long as you can document the wages you have lost or will lose, you can make a full recovery.
Beyond basic wage calculations, you may also claim:
- Loss of commissions on sales
- Loss of fringe benefits
- Loss of pension benefits
- Money that reflects a promotion or wage increase provided you were due for a wage increase or promotion while out of work
- Bonuses that you were paid in the past and were on track to receive prior to your injury
At The Armstrong Law Group, we will oftentimes review your case with vocational experts and economists in order to accurately establish what wages were lost.
Can I Recover Lost Wages If I Used My Sick Leave or Vacation Pay?
Using sick leave or vacation pay due to an accident or injury is considered the same as losing pay itself. Therefore, you are able to be reimbursed for the sick leave or vacation pay provided you can show:
- You missed work because of the accident.
- You have documentation showing the use of sick leave or vacation during that time period.
In addition, if you work in a commission-based industry, you can still claim wages that would have resulted from commission on sales you missed while you were out of office. Remember, you were not “on vacation”, you were out of work to recover from an accident.