Sustaining an injury can be an exceptionally painful and traumatic experience. Whether you were hurt in a car crash, slip and fall, workplace accident, or any other type of incident, understanding your legal options and rights to compensation is crucial. If you can’t work due to your injuries it is important to discover whether you can recover lost wages as part of your damages. Continue reading and speak with an experienced New Jersey personal injury lawyer today for skilled representation and legal advice.
What Are Lost Wages?
Lost wages in terms of personal injury law refers to income that you would have earned if you had been able to work but missed out on because of injuries you sustained in an accident. When an injury renders you unable to perform the essential functions of your job, you could miss out on a variety of income opportunities including the following.
- Your regular salary or hourly wages
- Bonuses
- Commissions
- Tips
- Overtime pay
Your income is vital to your financial well-being and stability, so losing out on money could be devastating, especially if your injury is severe and you cannot work for an extended period of time.
Can I Recover Lost Wages if I Can’t Work Due to My Injuries?
If you were injured due to another individual or entity’s reckless or negligent behavior, you may be entitled to compensation for a variety of damages, including lost wages. Depending on the situation, you may be able to recover lost wages in several ways. Consider the following.
- PIP: Personal Injury Protection is a required type of no-fault auto insurance in New Jersey. If you were involved in a car accident, regardless of whether or not it was your fault, you can file a PIP claim with your own provider for injury-related expenses including lost wages.
- At-fault party’s insurance: If your insurance policy is not enough to cover your total expenses or if the accident was not an auto accident, you may also file a liability claim against the negligent party’s insurance.
- Workers’ compensation: If your injury occurred while you were at work or due to job-related activities, you can file for workers’ compensation, insurance provided by your employer. The benefits of workers’ comp include reimbursement for lost wages.
- Personal injury lawsuit: If the injury was caused by another person’s negligence or recklessness, you can also file a personal injury lawsuit against them for a variety of damages including lost wages. You will have to prove that the defendant caused your accident and the resulting injuries as well as how it has prevented you from going to work and earning income.
Regardless of the method you choose to pursue compensation, it is important that you document all information related to your injury and absence from work including your pay stubs and commissions to ensure you can be appropriately compensated.
