If you missed work as a result of a car crash, Texas law allows you to recoup any wages you may have lost from the person responsible for your accident and injures.
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.
- 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.
- Lost opportunities – this would include things like missing a job interview while you were recovering.
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 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:
- Money that reflects a promotion or wage increase provided you were due for a wage increase or promotion while out of work
- Loss of commissions on sales
- Bonuses that you were paid in the past and were on track to receive prior to your injury
- Loss of fringe benefits
- Loss of pension benefits
At Thomas J. Henry, we will oftentimes review your case with vocational experts and economists in order to accurately establish what wages were lost.
Can I Recover Vacation and Sick Leave I Used Following a Texas Car Crash?
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 result 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.
What if I Have More Questions About Wages Lost After a Car Accident?
If you have any questions about the wages you have lost or need help calculating just how much you are entitled to, contact Thomas J. Henry. Our attorneys can provide a free consultation so you better understand the laws surrounding your case and your best course of action. If your injuries prevent you from visiting our offices, we will send one of our attorneys to you.
Thomas J. Henry has been successfully resolving trucking accident claims for more than 25 years. We have the experience and resources to take on even the largest insurance companies. We are available 24/7, nights and weekends – attorneys are standing by.
