Checklist · while you treatLost wages checklistExactly what proves your lost income.
Lost earnings are paid when they are documented, and the documents differ by how you are paid. Pick the list that matches you. If you cannot go back to the same work, that is a separate claim, loss of earning capacity, and it is usually the larger of the two. Tell us early if that is you.
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If you have an employer
If you cannot go back to the same job
Tell us early. Loss of earning capacity is proved with vocational and economic experts, and for younger clients it is often the largest number in the case.
This page is general information, not legal advice for your situation. Submitting this form does not create an attorney-client relationship. An attorney-client relationship is formed only by a signed written fee agreement.
Questions about lost wages documentation
Can I claim lost wages if I used sick days or vacation time?
Yes. Paid leave you were forced to use because of the injury is still a loss, because you no longer have it. Ask HR to state in writing which days were covered by sick or vacation time.
How do gig workers prove lost income after a crash?
With the platform's own earnings statements for the months before and after, the 1099s and tax returns that set the baseline, bank deposits that match, and a doctor's note saying what you could not do and for how long. A driver who could not drive for six weeks has a wage claim for six weeks.
What is loss of earning capacity?
The difference between what you could have earned over your working life and what you can earn now, when the injury changes the work you can do. It is a separate category from the wages you already missed and is proved with vocational and economic experts.
Have a question about your case?
Speak with an attorney. The review is free and you will get a direct answer.
Tell us what happened. We'll tell you where you stand.
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Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed