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Injury Attorney LawyerInformation · Not Advice
Compensation·3 min read·Updated Apr 10, 2026

Lost Wages

Lost wages cover income the injured person couldn't earn because of the injury. Simple cases involve a few missed weeks; serious cases involve career changes or permanent disability.

Past lost wages

This is the straightforward category: income you didn't earn because you were unable to work. Documentation usually includes a letter from the employer listing dates missed and rate of pay, plus pay stubs or tax returns to establish baseline earnings. Sick leave and PTO used because of the injury are usually also recoverable — you lost the value of that time even though the paycheck kept coming.

Self-employed claimants

Proving lost income is harder for self-employed people because there isn't a straightforward weekly paycheck. Evidence usually includes prior tax returns, profit-and-loss statements, contracts for work that had to be turned down, and year-over-year revenue comparisons. The more organized the records, the stronger the claim.

Loss of earning capacity

This is a separate, future-oriented category. If the injury limits what the person can do for a living — permanently or for years — they can claim the difference between what they could have earned and what they can realistically earn now. Proving this usually requires medical evidence of the permanent limitation plus a vocational expert's analysis of how that limitation affects the person's earning potential.

Bonuses, commissions, overtime

Variable compensation is recoverable but requires proof. If you typically earned $1,500 a month in commissions and missed three months, historical records from prior years showing a consistent pattern are usually needed. Insurers won't credit hypothetical income without documentation.

Key Takeaways

  • 01Past lost wages require an employer letter and baseline income documentation.
  • 02Self-employed claims rely on tax returns and business records — organization matters.
  • 03Loss of earning capacity is a separate, future-oriented claim requiring medical and vocational support.
  • 04Bonuses, commissions, and overtime are recoverable but must be documented from prior patterns.

General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.