If you’ve been in an accident and your injuries have put you out of work, you’re likely wondering how to recover your lost wages in Virginia. However, this process can be more complex than simply calculating the hours missed. You’ll need specific documentation and follow proper procedures to ensure you’re fully compensated for time away from work due to your injuries.

At Tronfeld West & Durrett, our personal injury lawyers have guided countless Virginia residents through the process of recovering lost wages after an accident. In this guide, we’ll walk you through the steps you need to take, the crucial documents to gather, and how to navigate any hurdles you may face.

Crucial Documents to Secure Your Lost Wage Claim in Virginia

Securing your lost wages after an accident in Virginia isn’t as simple as calling your employer and asking for a check. You’re dealing with insurance companies that will require hard proof of your earnings, your time off work, and why you weren’t able to return. The more detailed and accurate your documentation, the stronger your claim will be.

Here’s a breakdown of the most crucial documents you’ll need to build a successful lost wage claim in Virginia:

Medical Documentation

The foundation of your lost wage claim is proving that your injuries directly prevented you from working. Medical documentation is crucial to establish this link.

  1. Medical records: Your medical records should clearly outline your injuries, your treatment, and how those injuries impacted your ability to work. This is where doctors’ notes, treatment plans, and follow-up appointments come into play. Without these, an insurance company might argue your injuries weren’t severe enough to warrant time off.
  2. Doctor’s note: Beyond just having a medical diagnosis, you’ll need a specific letter from your physician that states how long you were or will be unable to work. The doctor’s note should specify the dates you are excused from work and why you cannot perform your job duties during that time.

Employment Records

Your employment records will help establish what you’ve lost financially as a result of the accident. These documents must be precise, as they paint a picture of your earnings before and after the incident.

  1. Employment contract: This document outlines your salary, benefits, and terms regarding paid time off or sick leave. It’s particularly useful if there’s any dispute over how much you’re supposed to be earning while off work.
  2. Statement of wage loss: Your employer should provide a statement detailing how much time you’ve missed from work and how much in wages you’ve lost as a result of the accident. This is typically requested directly from your HR department or employer.
  3. Bank statements: If you receive direct deposits, these statements are another way to verify your income before the accident. They provide an accurate picture of your regular pay cycles, helping to support your lost wage claim.
  4. Pay stubs: Having recent pay stubs from before the accident is crucial. They’ll show your income and the hours or days you typically worked. These are particularly useful for hourly employees to calculate exact losses.
  5. Tax returns: Your tax returns for the past three years can demonstrate your overall earnings. Insurance companies want to see that your claim is consistent with what you typically earn, and tax returns are one of the best ways to prove your income.
  6. W-2 forms: Along with tax returns, your W-2 forms provide a clear summary of your annual earnings and employment status over the past few years. They help establish a consistent income history, particularly if your salary fluctuates.
  7. Calendars of missed work: Keeping a personal log of the days you were unable to work due to your injuries can help reinforce your claim. This record should match up with your medical documentation and the employer’s wage loss statement.

These documents, when organized correctly, provide a solid foundation for your lost wage claim, showing that the accident directly impacted your ability to earn income.

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How Are Lost Wages Calculated After a Virginia Accident?

Calculating lost wages may sound straightforward, but it involves more than just adding up missed days. Different factors come into play depending on how you are paid, your position, and whether you receive bonuses or commissions.

Determining the Time Missed

The first step is figuring out exactly how much work you missed due to your injuries. This includes:

  • Full days you were unable to work
  • Partial days, if you had to leave early or come in late due to medical appointments
  • Reduced hours, if your injury prevented you from working a full schedule

Identifying Your Income Type

  • Hourly employees: If you’re paid hourly, this calculation is simple. Multiply the number of hours missed by your hourly wage. However, make sure to include any overtime hours you typically work, as this should also be part of your lost wage claim.
  • Salaried employees: If you’re on salary, divide your annual salary by 52 to get your weekly earnings, or by 12 for your monthly earnings. Then, multiply that figure by the number of weeks or days you missed.

Including Other Earnings

Don’t forget about bonuses, commissions, or other types of income that you may have missed due to your inability to work. For example, if you typically receive a quarterly bonus or work on commission, you’ll need to show past earnings to estimate what you missed.

Special Considerations for Self-Employed Accident Victims

Self-employed individuals often face more hurdles when filing for lost wages. You don’t have pay stubs, an employment contract, or a W-2 to rely on. Instead, you’ll need to provide tax returns, bank statements, and possibly invoices to prove your income.

You’ll also need to show how the accident directly impacted your ability to run your business. This might involve statements from clients, canceled contracts, or a dip in revenue after the accident. Make sure your documentation is as detailed as possible, as insurance companies will scrutinize these claims more thoroughly.

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Important Deadlines for Filing Your Lost Wage Claim in Virginia

Virginia law limits the amount of time you have to file a claim for lost wages after an accident. The statute of limitations for personal injury claims in Virginia is generally two years from the date of the accident. (Va. Code § 8.01-243).

That means if you wait too long to file your claim, you could lose your right to recover compensation for your lost wages. Therefore, it’s crucial to act quickly and consult with an experienced attorney to ensure you don’t miss this important deadline.

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Speak to a Trusted Virginia Personal Injury Lawyer About Your Wage Loss

You shouldn’t have to go through it alone. At Tronfeld West & Durrett, we’ve been helping Virginians like you recover compensation for their injuries—and their lost wages—for decades. If you’ve been injured in an accident, contact us today to get the legal support you need to secure the wages you’ve lost.

Contact us today to schedule a consultation and get started on your claim.

Call or text 800-321-6741 or complete a Free Case Evaluation form