Can I Get Lost Wages After a Car Accident?

By Shane Smith, Personal Injury Attorney – Shane Smith Law

One of the most common questions we get from clients after a car accident or slip and fall is:

“What if I missed time from work? Can I be compensated for that?”

The answer is yes; and it’s called a lost wages claim. Lost wages are a key part of your personal injury case. They represent the money you couldn’t earn because of your injuries. Whether it’s a few days or several months, if your accident kept you from working, you may be entitled to recover that income.

Let’s break it all down.

✅ What Counts as Lost Wages?

Lost wages happen when:

• You’re in too much pain to work
• Your doctor restricts your activity
• Your injuries prevent you from doing your job
• You’re forced to use PTO or sick time to recover

Example: 

Let’s say your doctor gives you a restriction: “No lifting more than 20 pounds.” But you work in a warehouse where every box weighs 50. Your boss says you can’t come back until the restriction is lifted. That’s lost wages and we can make a claim for it. 

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📄What Do I Need to Prove Lost Wages?

To successfully claim lost wages, we need two things: 

• A doctor’s note

1. 1. • This should clearly say you can’t work or list your specific restrictions for a given time period. 

• Employer verification

1. • Your employer must confirm:
     • Your job duties
     • That you couldn’t perform them with those restrictions
     • Your pay rate or salary for the time

Together, those documents make your lost wages claim solid and provable. 

💵Can I Get Back My PTO or Vacation Days?

Yes. Even if you still got paid using paid time off (PTO), you lost something valuable. 

The law says if you had to use PTO because of an accident, you can recover the value of those days. Why? Because if the accident hadn’t happened, you could have used that time later; for vacation or rest. So we can include the  value of that PTO in your settlement. 

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👷What if I’m Self-Employed?

Lost wages for self-employment can be more complex but are absolutely possible. 

We’ll need to work with:

• Your bookkeeper or accountant
• Your profit and loss (P&L) statements
• Possibly your past tax returns

If you normally do the work yourself, let’s say your a landscaper, but your injuries kept you from working, the law says you have a duty to try to “cover” that work.

That might mean hiring someone else to do the jobs while you recover. Then, we calculate how much profit  you personally lost, minus what you had to pay others to step in. 

It takes a little more legwork; but we do it all the time. 

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🕒When will I Get the Money?

Lost wages are paid at the end of the case, when your claim is settled. We can’t recover them on the front end, so it’s critical to keep good records.

That means:

• Tracking time missed
• Keeping all doctor’s notes
• Logging how your injury affected your ability to work

Why? Because it might be 6 months to a year before your case is resolved; and by then, you may forget those 3 days you missed in the beginning. Good documentation = stronger case.

⚠️What If I Lose My Job?

If your injury leads to job loss, let your attorney know right away.

It’s possible you may have:

• A wrongful termination claim
• An unemployment claim
• Or another legal avenue to explore

Your personal injury lawyer might refer you to an emergency law attorney if needed. Either way, don’t stay silent. Your legal team needs to know.

Final Thoughts from Shane

Lost wages are real losses, and you deserve to be paid back for that time.

But remember: 

• Get the right documentation
• Keep a record of missed work
• Talk to your doctor and employer
• And most importantly… tell your lawyer

We’re here to fight for every dollar you deserve; your pain, your bills, and your lost income. 

📞In pain? Call Shane! (980) 999 – 9999

💼Shane Smith Law – Fighting for the Full Value of Your Case

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