If your injuries prevent you from going to work or performing your job, you may be able to recover lost wages through a number of avenues, depending on how your injury occurred. Generally, compensation for income you were prevented from earning is available when another party’s negligence causes your accident, or you are injured while on the job. Continue reading and obtain the help of an experienced New York injury lawyer during your case.
What Are Lost Wages Under New York Law?
Lost wages are considered economic damages in New York injury law, as they represent the income that you lose out on when you cannot work due to an injury or ailment. When you sustain an injury in an accident, it could limit your mobility, ability to use certain tools or devices, and more.
It’s necessary to understand that the courts will consider more than just base pay when examining claims for lost income. As such, they will also factor in bonuses, commission, benefits, and other compensation.
Income That Can Be Included in Lost Wage Claims
- Regular salary or hourly wages
- Overtime pay regularly earned prior to the injury
- Commission and performance-based bonuses
- Shift differentials
- Tips for those who work in the service industry
- Sick leave and vacation time used while recovering
- Employer-provided benefits, like insurance contributions
- Loss of retirement income tied to employment
It’s necessary to understand that if the accident results in a permanent disability that impacts your ability to earn at the same level, or at all, you may be able to seek compensation for reduced earning capacity.
How Can I Recover Lost Wages in New York?
In the event you are injured and rendered unable to work, your recovery options will vary based on how the injury occurred. This is because different legal systems and insurance procedures vary based on the circumstances of the accident.
Recovery Options
- Car accident injury: File a Personal Injury Protection (PIP) claim with your insurance company
- Injury caused by another person’s negligence: File a personal injury claim or lawsuit
- Workplace injury: File a workers’ compensation claim through your employer
- Long-term or permanent disability: File an application for state or federal benefits
- Partial wage lost due to reduced hours: File a claim for compensation for the difference in earnings
Recovering Lost Wages After a Rockland County Car Accident
It’s important to understand that, if you are injured in a car accident in Spring Valley, Nyack, Nanuet, or anywhere else in Rockland County, you are required to pursue compensation in accordance with New York’s no-fault insurance laws. As such, you are required to file a claim against your own Personal Injury Protection (PIP) insurance, regardless of who is responsible for the collision.
New York’s PIP system does allow the recovery of lost wages, though they are subject to statutory limitations.
What Does PIP Cover for Lost Wages?
- Up to 80% of lost wages
- Subject to a monthly maximum of $2,000
- Coverage for up to three years following the accident
- Payment regardless of fault
- Applies to drivers, passengers, bicyclists, and pedestrians struck by vehicles
Filing a Personal Injury Claim for Lost Wages
In the event that you are injured as a result of another party’s negligent actions, and the damages exceed the no-fault thresholds, or the accident is non-vehicle related, you can pursue a personal injury claim or lawsuit.
If filing a claim in Rockland County, your case will generally proceed through the New York State Supreme Court, which is responsible for handling civil injury claims. While insurance claims are typically resolved out of court, cases involving serious injuries, liability disputes, or significant reduction in future earning capacity may require formal litigation through the court.
When Can You Sue for Lost Wages?
- Auto accidents that meet the “serious injury” threshold
- Slips and falls from unsafe premises
- Dog bites
- Construction accidents resulting from safety violations
- Any accident caused by another party’s negligence
What Compensation Is Recoverable?
- Full lost wages
- Reduced future earning capacity
- Pain and suffering
- Medical expenses
Workers’ Compensation for On-the-Job Injuries
In the event you are injured while working, you may be entitled to compensation through your employer’s workers’ compensation program. The overwhelming majority of employers in Rockland County and across New York State are required to carry special insurance to help compensate their employees in the event they are injured performing job-related duties.
It’s important to understand that workers’ compensation can help provide wage replacement and medical benefits for employees without requiring proof of negligence. As such, employees who are partially responsible for their injuries are eligible to recover compensation.
What Worker’s Compensation Provides in New York
- Partial wage replacement (generally two-thirds of earnings, up to a statutory maximum)
- Compensation for medical treatment
- Temporary disability
- Permanent partial or total disability benefits
- Death benefits for surviving dependents
Disability Benefits for Long-Term Work Limitations
In the event your injury prevents you from working for an extended period of time, you may be eligible for disability benefits in addition to or in place of other recovery options. New York offers short-term disability compensation, while the federal government provides Social Security Disability Insurance (SSDI) for long-term disabilities.
Potential Disability Programs
- New York State Short-Term Disability Benefits
- Social Security Disability Insurance
- Supplemental Security Income
- Employer-sponsored disability policies
How Can I Recover Lost Wages?
To recover lost wages in your injury case, it is important to have ample documentation proving that the defendant caused the accident, you sustained an injury as a result of the accident, the extent of your injury, and how it impacts your ability to work.
Evidence Commonly Used to Support Lost Wage Claims
- Medical records
- Physician disability notes
- Vocational rehabilitation assessments
- Employment contracts
- Employer verification letters
- Expert witness testimony regarding earning capacity
Can You Recover Future Lost Income or Reduced Earning Capacity?
When you suffer injuries that permanently impact your ability to work, you may be eligible for compensation that extends beyond temporary lost wages. New York law allows for the recovery of reduced wages when the injured party is unable to resume work at the same earning level.
Situations That Commonly Support Claims for Future Earnings
- Permanent physical restrictions
- Reduced work hours due to medical limitations
- Forced career changes due to injury
- Chronic pain is limiting job duties
- Cognitive impairment from traumatic brain injuries
Unfortunately, due to the severity and complexity of these claims, testimony and analysis from both economic and vocational experts are often required.
Contact a Rockland County Personal Injury Attorney Today
If you were injured in an accident in Rockland County and your ability to work and earn income has been impacted, you may be able to recover lost wages with the assistance of Mitchell J. Schroeder, P.C. When you need help, contact our dedicated legal team today to learn how we can represent you during these difficult times.
