Suffering a personal injury can disrupt every aspect of your life, from your physical well-being to your ability to earn a living. For many people, one of the most immediate concerns after an accident is the loss of income due to missed work. In New Jersey, if you’ve been injured because of someone else’s negligence, you may be entitled to recover compensation for lost wages as part of a personal injury claim. Understanding how much you can recoup and the factors that influence your claim is key to securing the financial relief you need during your recovery.

In this article, we will explore how lost wages are calculated in New Jersey personal injury cases, the specific rules governing these claims, and what you need to know if you’re seeking compensation for time missed from work. We will also discuss how future lost earnings and other financial impacts can be factored into your claim.

We urge you to consult a lawyer about your specific case. The NJ personal injury attorneys at Brandon J. Broderick, Attorney at Law have helped thousands of clients just like yourself. Call us today to schedule a free consultation.

What Are Lost Wages in a Personal Injury Case?

Lost wages refer to the income you were unable to earn because your injury prevented you from working. This may include time missed from work for medical appointments, recovery, physical therapy, and other injury-related reasons. Whether you’re a full-time employee, a part-time worker, or self-employed, any time away from work due to injury can result in lost wages. In a personal injury claim, these lost wages can be recovered as part of the compensation you seek.

How Lost Wages Are Calculated

In New Jersey, calculating lost wages in a personal injury case involves a straightforward process for most workers. The amount of lost wages is typically based on your regular income before the injury. For salaried or hourly employees, this means multiplying your hourly wage or salary by the number of days or hours you missed due to the injury. If you were earning overtime or bonuses before your injury, those earnings can also be included in your lost wages claim.

For example, if you make $500 per week and missed four weeks of work, you may recover a percentage of your lost wages. Additional considerations, such as overtime pay and unused sick time or vacation time, may also be factored into your claim.

In New Jersey, workers' compensation regulations require your employer to provide 70% of your average weekly wage, subject to an annual maximum limit determined by the state. This wage replacement can be received for up to 400 weeks.

Recovering Future Lost Wages

Compensation for Loss of Earning Capacity

In some cases, injuries can cause long-term or permanent disabilities that prevent you from returning to your previous job or working at the same capacity. When this happens, you may be able to seek compensation for "loss of earning capacity." Loss of earning capacity refers to the reduced ability to earn income in the future due to the limitations caused by your injury.

To calculate future lost wages, your attorney may work with vocational experts and economists to assess how your injury will impact your ability to work long-term. They will take into account factors such as your age, occupation, education, and skill level, as well as your projected earning potential before the injury. This can result in a significant portion of your personal injury claim, especially in cases of severe or catastrophic injuries.

For example, if you were a construction worker who suffered a debilitating back injury, and your doctor determines that you will no longer be able to perform physically demanding labor, your claim for future lost wages would consider the difference between what you were earning before the injury and what you are capable of earning after the injury.

New Jersey Laws on Lost Wages Compensation

Proving Lost Wages

In New Jersey, the burden of proof is on the plaintiff (the injured party) to demonstrate the amount of lost wages and the extent of the injury's impact on their ability to work. This means you will need to provide evidence of your lost income, which typically includes:

• Pay stubs or tax returns: These documents show your earnings before the injury.
• A letter from your employer: This letter should confirm your employment, your wages, and the time you missed from work.
• Medical records: These documents demonstrate the extent of your injury and your doctor’s recommendations for taking time off work.

For self-employed individuals, proving lost wages can be more complicated, but it’s still possible. Self-employed individuals may need to provide tax returns, contracts, business records, or invoices to demonstrate lost income. In some cases, accountants may be called in to calculate the losses.

Temporary Disability Benefits

In New Jersey, workers who are injured on the job may be eligible for temporary disability benefits through the state’s workers’ compensation system. These benefits are available to those who are temporarily unable to work due to a work-related injury or illness. However, if your injury occurred outside of work (for example, in a car accident caused by another driver), you would need to pursue lost wages as part of a personal injury claim rather than through workers' compensation.

For non-work-related injuries, seeking compensation for lost wages would involve filing a claim with the responsible party's insurance company or pursuing a personal injury lawsuit.

Other Considerations for Lost Wages Claims

No-Fault Insurance in New Jersey

New Jersey is a "no-fault" state when it comes to car accidents, meaning that if you are injured in an auto accident, your own insurance policy’s Personal Injury Protection (PIP) will initially cover your medical expenses and some lost wages. PIP coverage typically provides up to 85% of lost income, with a maximum limit of $5,200 per year. However, if your losses exceed the limits of your PIP coverage, or if your injury results from a different type of accident, such as a slip and fall, you may need to pursue a personal injury lawsuit for full compensation.

Non-Economic Damages

In addition to lost wages, personal injury claims in New Jersey can also include non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. While lost wages compensate for your direct financial losses, non-economic damages provide compensation for the intangible impacts of your injury.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.