If you were injured in a car crash and had to miss work, you may be entitled to recover the income you lost. In many personal injury claims, lost wages are a key part of the compensation owed to the victim.
Understanding how these claims work can help you protect your rights and avoid leaving money on the table. It also ensures you don’t end up covering expenses that should be someone else’s responsibility.
What Are Lost Wages?
Lost wages refer to the money you would have earned if the accident hadn’t happened. These losses can go beyond just your base salary.
For most people, lost wages include:
- Pay you missed during your physical recovery
- Sick days or vacation time used because of the crash
- Missed tips, bonuses, or commissions
- Lost income from side gigs or self-employment
This differs from loss of future earnings, which refers to money you’ll lose down the road due to long-term disability or reduced earning capacity. A personal injury lawyer can help you pursue both types of damages if they apply.
Who Pays for Lost Wages After a Car Accident?
In California, which follows an at-fault insurance system, the person who caused the accident is legally responsible for your damages, including lost income.
However, there are several different routes for recovering that money:
- The at-fault driver’s liability insurance: Their policy should cover your lost wages up to their coverage limits.
- Your own PIP or MedPay benefits: These can offer quicker payouts, even before fault is determined.
- Optional coverage like disability insurance: If you have a private policy, you may be able to use it for short-term wage loss.
- A personal injury lawsuit: If insurance isn’t enough or is denied, a lawsuit can help you pursue full compensation.
Each option may involve different documentation requirements and deadlines, so it’s important to act quickly.
How Do I Prove Lost Wages?
You’ll need clear evidence to show that you missed work because of the crash, and you suffered a specific amount of income loss.
Common types of documentation include:
- Doctor’s note or treatment records recommending time off
- Employer verification stating dates missed and your usual pay
- Pay stubs or W-2 forms showing your income before the accident
- Bank statements or deposit records (especially for gig or cash work)
- Invoices, contracts, or 1099s if you’re self-employed
- Tax returns from prior years for income verification
Even if you used PTO, you can usually claim that value because it’s a benefit you lost due to someone else’s actions.
Can Self-Employed Workers Claim Lost Wages?
Yes, but the process may be more involved. Since there’s no HR department to confirm missed time, you’ll need to rely on personal records.
You can strengthen your claim with:
- 1099 forms from clients or platforms
- Bank statements showing business deposits
- Client contracts or canceled jobs
- Invoices for missed work
- Tax returns to show your earning history
- Profit and loss statements from accounting software
Make sure the records clearly connect the dots between your injury and the disruption to your income.
Can I Be Reimbursed for Future Lost Wages?
Yes. If your injury reduces your ability to earn money long-term, you may be eligible for loss of earning capacity.
This could apply if:
- You can only work reduced hours
- You’re forced to take a lower-paying job
- You lose a promotion or career advancement
- You need to retire early due to your injuries
These types of claims are complex and typically require expert analysis. Vocational experts, economists, and medical professionals may need to provide testimony to support your future wage loss. Because these claims can add significant value to your case, it’s important not to overlook them.
What if My Employer Doesn’t Cooperate?
Sometimes, employers don’t want to get involved.
If your boss refuses to write a verification letter or disputes the time off, you can use other forms of evidence:
- Medical records showing injury and treatment duration
- Work logs or timesheets showing a break in your usual schedule
- Emails or messages to and from your workplace
- Coworker testimony confirming that you missed work
- Bank or payroll records showing a dip in income
If necessary, a personal injury attorney can help subpoena records or deal with uncooperative employers on your behalf.
How Long Do I Have to File a Lost Wages Claim?
In California, you generally have two years from the date of the crash to file a personal injury lawsuit.
However, if you’re filing an insurance claim, you should act much sooner. Most insurers require notice within days or weeks. Delays can hurt your credibility or reduce the amount you receive. It’s best to start collecting documentation and filing claims as soon as possible.
Tips for Protecting Your Lost Wages Claim
Taking a few simple steps early on can make a big difference in your ability to recover compensation:
- Get medical attention right away and follow your treatment plan
- Keep a recovery journal noting your symptoms and time missed
- Notify your employer in writing about the injury and absences
- Save all documents related to pay, time off, and medical care
- Avoid exaggerating your losses
- Consult a personal injury attorney before negotiating with insurers
Insurers often challenge wage claims, especially when the amount is high or the job is nontraditional. Having legal support can help you fight back and avoid unfair denials.
Contact the San Diego Car Accident Attorneys at Pines Salomon Personal Injury Lawyers for Help Today
Missing work because of someone else’s negligence isn’t just inconvenient; it’s a real financial loss. Whether you work a 9-to-5, freelance, or juggle multiple gigs, California law allows you to recover lost wages. With the right documentation and support, you can pursue the full amount you’re owed and avoid leaving money behind.
Pines Salomon Personal Injury Lawyers is here to help. A San Diego car accident lawyer can help guide you through the process and make sure no part of your claim is overlooked. Contact us today for a free consultation.
