Lost Wages after an accident in Las Vegas, NV


Did you suffer a severe injury in a Las Vegas car accident, slip and fall, or other incident? You might be dealing with costly medical bills, a disability, and other expenses you never planned for. The financial strain you’re under can only get worse if your injuries keep you from working. A study published in the journal Injury Prevention found that, on average, a person who suffers a non-fatal injury misses 11 days of work while they recover.

In Nevada, injured people can pursue compensation for their lost wages if another party’s carelessness caused the accident and their resulting injuries. However, the lost income must be documented, the time off deemed medically necessary, and proof must show the accident was not their fault. If you’re struggling to make ends meet after an accident, an experienced personal injury attorney can gather the information you need to recoup your money through a lost wages claim.

THE702FIRM Injury Attorneys is a trusted personal injury law firm serving clients in Las Vegas and the surrounding communities. Call or contact us today for a free consultation.

What Counts as Lost Wages?

Lost wages include any income you would have received if you never got hurt. In Nevada, this can include:

  • Hourly wages
  • Commissions
  • Overtime
  • Bonuses
  • Perks, such as the use of a company car or cell phone
  • Self-employment income
  • Vacation or sick days used to recover from the injury

Put simply, a lost wages claim can request reimbursement for any of your missed employment-related income after an accident.

Getting a Lost-Wages Letter from Your Employer

The best way to prove your wage loss is by getting a letter from your employer. A lost-wages letter includes the following information:

  • Your job title
  • Your hire date
  • Proof of employment on the date of injury
  • How many hours you typically work each week
  • Your hourly wage or annual salary
  • Any overtime hours you work in a given workweek
  • Your overtime rate
  • Any additional bonuses or perks you missed
  • How long you were off work due to your injury

Proving Loss of Income

In addition to a lost-wages letter from your employer, you will likely need copies of your last two pay stubs before your injury. If you earn tips at work, have your employer document your tips from the prior period in their lost-wages letter.

You may also provide a letter from your doctor detailing your injuries and how much time off you need to make a full recovery. A Las Vegas personal injury lawyer can collect the proof of employment and wage-loss documentation you need.

What if I Used PTO Due to my Injury?

If you used sick days, paid time off (PTO), or vacation time to cover your time off due to injury, you can claim reimbursement for those days when you seek compensation since you did not use them as intended.

Will You Pay Taxes on Compensation for Lost Wages?

Generally, compensation awarded in a lawsuit or settlement for physical injury or illness is not taxable. However, the Internal Revenue Service (IRS) views lost wages differently. It says that lost wages are taxable, arguing that the recipient would have paid taxes on that money if they had earned it by working as usual.

Most compensation is awarded in a lump sum, so calculating taxes could get complicated. Your personal injury lawyer can consult with an accountant if questions over the taxability of your lost wages arise.

Unemployment Benefits and Lost Wages Claims

Individuals are generally only eligible for unemployment benefits if they can work and actively search for work. If your injury prohibits you from working for an extended, you may qualify for disability benefits.

Lost Wages vs. Loss of Future Income

Lost wages include any income you would have earned if your injury had never happened. This amount is typically easy to calculate since it covers a fixed period. However, if you are injured so severely that you will never be able to return to work — or you will only be able to work part-time or in a lower-paying role — you may be owed compensation for loss of future income.

Proving loss of future income is more complicated. Rather than simply showing the money you lost, your lawyer will need evidence showing projected income losses. Potential evidence may include:

  • Statements from your doctors declaring your condition renders you unable to work
  • Medical opinions stating your condition is expected to deteriorate
  • An evaluation of personal factors, such as your age, career, and work history
  • Statements from coworkers, bosses, or family members about your career goals
  • Statements from financial planners

Like every personal injury claim, your lawyer will still need to link your inability to work directly to the accident.

What if I am Self-Employed?

Calculating lost wages from self-employment can be trickier. Independent contractors or business owners may not earn a consistent amount from year to year. However, your lawyer may make a general estimate of your earnings based on previous years’ tax returns and estimates for the costs of lost clients and work opportunities.

How to Submit a Lost Wages Claim in Las Vegas

To seek compensation for lost wages, you will typically file an injury claim, a personal injury lawsuit, or both. In either case, your attorney could help you calculate the total value of your lost wages and other economic losses, such as medical bills and rehabilitation costs. Because proving the compensation you are owed for wage loss can be challenging, it’s in your best interest to have an attorney do the math for you.

Get Help From THE702FIRM Injury Attorneys in Las Vegas

Recovering from an injury is hard enough without the added stress of worrying about the financial impact of lost income. At THE702FIRM Injury Attorneys, we can take the pressure off and demand full compensation for your lost wages and diminished earning capacity. Put our award-winning legal team to work for you. Contact THE702FIRM Injury Attorneys for a free case review today.