Life can be very unexpected. Sometimes we get that lucky break with the extra soda falling from the machine or you receive a discount on that jacket you’ve been wanting to buy for weeks. But sometimes we don’t get so lucky, and we have to figure out how to deal with those less than ideal situations like getting in a car accident, or breaking that rib cage trying to do you favorite dance move. Whatever it is, life happens and we must continue to move forward with it. What makes dealing with it a little easier? Wage loss benefits . If you’ve been injured and are unable to work or are facing some kind of reduction in your earnings because of an injury, you may be eligible to file a wage loss claim. California Labor law Employment Attorneys Group is home to expert lawyers who can help with the process of being able to earn back some kind of compensation for what you’ve lost due to the curve balls life has thrown at you.
The legal term of wage loss refers to compensation for an employee who has lost earnings due to an injury. Wage loss is a replacement for the money you could have earned while employed, if you had not been injured. The Department of Labor gives three reasons to file for a wage loss claim: If you have temporary disability and are required to take work completely off, if you are partially disabled and have reduced work hours or are working at a reduced pay, or you are going through treatment that causes intermittent loss of wages for doctor’s appointments, therapy, tests, and so forth. If you have been affected in one of these ways and need help filing for a wage loss claim, contact one of our lawyers to get started in applying to receive benefits.
What is personal injury wage loss?
In California, one reason you may seek wage loss recovery is because of a personal injury claim. This may include regular pay, overtime pay, commissions, bonuses, self employment income, vacation, personal or sick days, and any other lost benefits. Wage loss differs slightly from lost earning capacity in that it refers to the past income lost, while wage loss is a person’s out-of-pocket expenses up to the date of the settlement or trial. Lost earning capacity is the amount of money that someone may lose in the future because of an injury. These two types of recoveries are also called back pay and front pay respectively.
When wage loss is filed for in a personal injury case, the statute of limitations in California is two years, but depending on the case, the time you have to file a claim may differ. In some medical malpractice cases, the statute of limitations is shorter. Contact one of our wage loss attorneys in Southern California to help see how long you have to file a claim for your particular situation.
In order to calculate and prove your lost wages, you must have your employer send in a lost wages letter that specifies your job title, date on which you were hired, confirmation that you were an employee on the date of the injury, number hours you normally worked per week, your regular rate of pay and overtime rate, number of days and hours you missed from the injury, sick and vacation days you used for the injury, any amounts you would have received from overtime, and any other employment perks you did not receive. You may also need to provide pay stubs and income tax returns as well. If you have more question regarding how to file a wage loss claim, come in to our office to speak with one of our wage loss attorneys to learn more about the process and how you can start receiving benefits.
Wage loss from workers’ compensation
Another way in which an employee may be able to collect wage loss is through workers’ compensation. This is solely for someone who was injured on the job. The California workers’ compensation program has two kinds of disability benefits. TD can also be broken up into two types of benefits: temporary total disability (TTD) when you cannot work at all, and temporary partial disability (TPD) when you can do some work still. TTD begins when a doctor says you cannot work for at least three days consecutively or you are hospitalized overnight. Payments are made every two weeks and they stop when you return to work. The way TTD is calculated is by taking two thirds of your wages before taxes. For instance, if you were earning $300 per week before you were injured, then you would get $200 per week. TPD is calculated by taking two thirds of the difference in lost wages that you have earned. So if you are working partial hours and are earning $210 per week when you were earning $300 per week, then the difference is $90. Your TPD would be $60 which is two thirds of $90.
Workers’ compensation also provides permanent disability (PD) benefits for those who have been injured on the job and who according to a doctor, will never fully recover. You can still receive PD benefits after you’ve returned to work. To prove you are permanently disabled, your doctor must fill out a P&S (permanent and stationary) form which describes your specific medical problem, work restrictions, future medical care you may need, whether you are able to return to your old job, and an estimate of how much your disability is caused by your job compared to other factors. You will actually be given a percentage rating for how much your disability limits the kind of work you can do. A rating of 100 means you have a permanent total disability.
Another type of lost wages that the state of California is supplemental job displacement benefits. These are benefits alloted if you cannot return to the same job you were at before you were injured. This type of wage loss is paid in the form of a voucher and can be up to $6000 to supplement training and skill building for a new occupation. The benefits cover books, fees, and books at a California public school, occupational licensing or certification fees, tools for a training course, computer equipment, services of a licensed placement agency, and miscellaneous educational expenses. Talk to one of lawyers to determine what kind of wage loss you may be eligible for. Since these certain benefits may not fully cover what you have lost, there are certain situations in which you may be able to receive wage loss compensation from workers’ compensation and personal injury. Our lawyers will look at your case and see how you can maximize your benefits from your injury.
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No one can completely prepare for any injury, but if we know our rights and what we are entitled to by the state of California, we can at least remedy ourselves and make our recovery slightly better through the use of wage loss recovery. If you’re looking for compensation for your losses, our lawyers at California Labor Law Employment Attorneys Group want you to get as much as possible. It’s never easy dealing with time off from a job when you’re hurt because we still have other obligations in life like the necessity of food and shelter. Also if you have dependents, there’s even more of a burden on you. Let us help you by guiding you through the process of being compensated. Give us a call or come in to our office to get started with a free consultation. If you have been wrongfully hurt, you may want to file a personal injury claim, and our lawyers here to help you with this. We will not charge you to take on your case and zero-fee guarantee means you do not have to pay us unless we win your case. Our goal is to get you money, not take it from you! Let us help you claim what you have lost today!