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Lost Wages

If you have lost wages due to a work related injury you need to contact a Worker's Compensation attorney immediately for a consultation. Workers' compensation is controlled by a complex set of laws and a separate court system. People who have been hurt at work need lawyers who understand the law and know the courts and judges. Don't let a job related injury keep you from getting the workers' compensation you need and deserve

Loss of Wages and Work Time

Individuals that sustain a workers' compensation injury will sometimes have to miss work and endure lost wages. Workers' compensation has a continuation of regular pay for up to 45 calendar days of wage loss because of disability and/or medical treatment the employee sometimes needs. The wage loss is paid for the employer if a traumatic injury resulted. Wage loss due to an occupational disease claim is not eligible to receive a continuation of pay.

The injured employee must fill out a form for their lost wages in order to receive continuation of pay. There are certain restrictions regarding lost wages, and in some instances an employer is not required to pay or can terminate the continued pay of the lost wages. The amount of lost wages can extend past the 45 days depending on the severity of the injury so the employee and employer can complete a form for additional continuation for the lost wages.

Loss of Wages and Work Related Accident

Lost wages resulting from a work related accident or disability can be recovered through legal action. Lost wages are generally recovered as part of the damages due a plaintiff under state law. Lost wages do not include future earnings, only the regular wages the plaintiff would have earned.

Lost wages cover time spent unable to work, as well as time missed due to treatment. Recovering lost wages may require expert testimony as to your particular condition or injury.

Entitlement to lost wages does not depend upon type of work or full-time employment, and self-employed persons can recover lost wages as well. Even if you received sick or vacation pay, lost wages may be due, since injury required you to use vacation/sick days, resulting in lost wages for that period. Sick or vacation pay is generally not regarded as replacing an individual's lost wages. You may be eligible for reimbursement for missed work opportunities, in addition to any lost wages you have suffered, although missed job interviews or promotions are more difficult to prove than lost wages themselves.

Medical Authorization

You must have medical authorization to be off work to file a claim for lost wages. Generally speaking, the treating physician must submit a statement that you are recovering from injuries. Lost wages as a result of self-diagnosis are generally not considered recoverable by legal means.

Lost wages claims require specific documentation, including a statement from your employer indicating your position and income. Lost wages cannot be accurately calculated without some proof of your normal working hours and pay. Any lost wages claims should also include documentation from a physician stating dates of recovery and type of injury/illness. Lost wages claims filed by the self-employed can be more difficult to prove, requiring more detailed documentation: lost wages calculations for the self-employed rely heavily on past earnings to determine the amount of lost wages due to injury or illness. Tax documents, contracts, invoices and billing statements can help determine lost wages for the self-employed. Letters from customers who would have used your services can indicate lost wages as well.


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