General News Blog


California Wage Loss Due to Injury

Accidents resulting in bodily harm can occur at any time and in any location. Even if you take all the safety measures possible, there will always be some things you can’t avoid.

In cases when you provide most of your household’s income, it is crucial that you keep working and making money. If you become injured and unable to work, your family’s financial situation could worsen dramatically.

You may be eligible to seek compensation from the at-fault party for your lost wages, depending on the specifics of your accident. Click here!

A Lost Wage Is What?

In California, an injured person is entitled to compensation for lost wages if they are unable to work as a result of their injuries. Employees should be paid for any lost wages or other benefits in whatever form. Lost wages, also called “out-of-pocket losses,” are money that has already been spent before the lawsuit was filed.

California recognizes the following losses as wages:

  • Earnings from freelance or independent work
  • Paychecks or salaries received from a company or individual
  • compensation for lost overtime hours
  • The worth of paid time off for illness, personal reasons, vacation, and other reasons.
  • Any potential earnings from bonuses, commissions, or tips
  • The exact amount of additional compensation for things like automobile and per diem fees, etc.

If the wounded worker has already returned to work by the time benefits are awarded, the amount of lost wages will be much simpler to calculate. Time constraints reduce the problem to a matter of simple addition. A more problematic issue may arise if the individual is still unable to return to a full-time job when benefits are awarded.

The prospective income lost is also included in when determining loss of earnings. In the case that the accident prevents the worker from returning to work, this represents future income that may be lost.

The definition of a loss of earning capacity is outlined below.

Lost earning potential is a nebulous term for the future income an injured worker will be unable to produce due to their condition. Certain impairments respond well to non-invasive therapies and improve in a relatively short time frame. Some people may not recover for a long time, if at all.

Various factors must be considered when determining future wages, mainly how long the disability will last and how much it will hinder the individual’s ability to work.