We all know that life is unpredictable, and some days are better than others. And many of the situations that life throws our way are difficult to deal with, like a major car repair or getting hurt in an accident. One thing you count on us is the wages you earn from your job, along with benefits like commissions, bonuses, and PTO that can be used to provide a cushion against financial hardship.
Luckily, there are various ways that workers can receive wage loss benefits in the event of an injury that impairs your ability to work. However, you must start the process of filing a wage loss claim immediately and getting help from an employment attorney if you run into questions or obstacles along the way. If you are in need of legal advice after an incident that has left you unable to work, please contact the offices of California Labor law Employment Attorneys Group.
What is a Wage Loss Claim?
Wage loss refers to any compensation that you are unable to earn from your job because of an injury. By filing a wage loss claim, you can receive up to a certain percentage of your wages while you are out of work. According to the Department of Labor, you can file a wage loss claim under the following circumstances:
- You have a temporary disability that requires you to stay out of work for so many days / weeks / months
- Your disability requires that you reduce your work hours, which results in a partial loss of income
- You are still working, but have intermittent loss of wages due to your medical needs, like doctor’s appointments, physical therapy, on-going treatments, etc.
If you have experienced some form of wage loss after being injured, contact our law firm to learn more about the benefits you are entitled to.
Wage Loss in Reference to a Personal Injury Claim
If you were harmed by another party’s negligent or malicious conduct, you may seek restitution by filing a personal injury lawsuit. You can seek payment for wage loss (lost wages), such as regular pay, commissions, sick / vacation days, bonuses, and self-employment income. This is meant to provide you with the money you lost up until the date of settlement or trial. If it turns out that you will be out of work on a permanent basis due to the severity of your injuries, you can also demand payment for lost earning capacity.
To calculate the total of lost wages, you will need a statement from your employer with information like your job title, your hiring date, confirmation that you were working for the company on the date of injury, your regular rate of pay, your normal hours per week, and how much time you have missed from work after being injured.
Along with the letter from your employer, you should also have pay stubs and tax documents, which will serve as further evidence. We know you are likely to have questions and concerns on how to recover lost wages from a personal injury claim. Rest assured that our legal team is here for you 24/7, and we are more than happy to provide you with a free consultation.
Wage Loss Covered by Workers’ Compensation
If you were injured at your worksite or in the course of doing something related to your job, you may be eligible to receive up to two-thirds of your weekly wages through workers’ compensation. This is a benefits system that offers:
Temporary total disability (TTD) benefits, where you need to stay out of work completely in order to recover from a work-related injury. You will be paid two-thirds of your gross wages (before taxes) every two weeks until you are able to resume working.
Temporary partial disability (TPD), which is paid to injured workers who can continue their job with restrictions, like reduced hours. TPD payments are equal to two-thirds of the difference in lost wages that you would have earned. For example, let’s say you were earning $300 per week but needed to cut your hours after an injury, which reduced your wages to $210. In that case, your TPD payments would be $60, or two-thirds of $90, which is the difference between $300 and $210.
Benefits for Those with Permanent Disability
Through worker’s compensation, you can also obtain PD, or permanent disability benefits based on your level of recovery after an injury. Even if you return to work, you may be eligible for PD based on your medical condition, work restrictions, and on-going medical needs. Your doctor must also determine your disability rating from a scale of 0 to 100, with 100 meaning that you have a total and permanent disability.
Another category of lost wages that may be available to you is supplemental job displacement benefits. These payments apply in situations where the worker cannot return to the same kind of employment, but they can be trained for a new line of work. Claimants that qualify will receive a voucher for up to $6,000 to use for training courses, books, certification fees, computer equipment, and other educational expenses.
At the end of the day, you may have access to various wage loss benefits that can help you stay afloat while you are out of work after an injury. You can learn more about these payments from one of our attorneys during a free, private case review.
Contact Our Team of California Employment Lawyers
Workers have many rights that protect them in the event of an injury, whether it happened on the job or off the clock. It’s essential to understand the laws that provide you with compensation and other assistance when you have to be out of work for an extended period of time. In addition, you have the right to take legal action against your employer if they violate your right to workers’ compensation and related benefits. You may also be entitled to compensation from a personal injury claim if you were harmed by negligence or misconduct.
