Loss of Income Damages

With most serious injuries sustained whether from an accident or otherwise, the injured person may be forced to stay away from work for a period of time; long or short. While in very serious cases it can result in the injured person never being able to return to their profession or line of work or in extreme cases this can result in the injured person never working again. A common feature of damages (i.e. compensation for losses suffered because of an accident or injury) is loss of income. Loss of income includes both money lost from the job the injured person held when injured and reimbursement for work opportunities the injured person missed because of the accident and injury.

What is recoverable?

An injured person is entitled to any income he or she may have lost because of the accident or injuries, this includes:

1. Income lost because the injured person was unable to work and


2. Time missed from work because the injured person was undergoing treatment for his or her injuries

The above applies to whether the injured person works a part time or fulltime job, has regular or occasional employment, is on an hourly, weekly or monthly salary or is self-employed.

Sick leave and vacation pay Compensation covers whether the employee took or was given sick leave or vacation pay for the time he or she was absent from work due to his or her injuries or for recovery. The injured person is entitled to use that sick leave or vacation time for other periods when he or she would have needed or wanted it. Therefore, using up one’s sick leave or vacation pay to recover or attend to treatment for their injuries is considered the same as losing the pay or wage itself. To be reimbursed for lost income there is need for the injured person to prove the following:

1. The time the person missed work because of the accident and injury


2. How much money the injured person would have made during the time missed from work had he or she been at work.

Documenting lost income

For a person that is employed regularly by someone else, getting information on lost income is simple. One can ask the personnel office or supervisor to assist by writing a letter on company stationery stating your name, position, rate of pay, number of hours you normally work and the number of hours or days you missed following the accident. There is no need to mention whether the injured person took sick leave, vacation leave or a leave of absence. However, if you are irregularly employed or self-employed, proving your lost income may be complicated. The injured person will have to show:

1. How much work time he or she lost – proven by calendar cancellations or drop in billing or invoices
   
   
2. What he or she might have earned had he or she been able to work – use personal income tax returns as proof of earnings

To learn more, find a qualified Alaska car accident lawyer.

For more information on damages the author recommends Crowsonlaw.Com.