How Are Lost Wages Calculated in a Burn Injury Claim?
Burn injuries are among the most serious types of injuries. While some injuries are no one’s fault but the victims, others are due to negligence on the part of someone else. When this happens, the victims are entitled to compensation. The victim of a burn injury case can experience lots of pain and they may need to stay in hospital for a long time. They may also end up disfigured and have to undergo multiple surgeries. All of these come at a high cost and many victims can’t afford to pay even if they have insurance. Furthermore, they are unable to work until they recover sufficiently. Some victims are never able to work again. Fortunately, burns victims can include past and future lost wages in their claim for compensation. If you’re curious about how these losses are quantified, read on. For personalized advice, be sure to reach out to an experienced Maryland burn injury lawyer.
Calculating Past Lost WagesIf your injuries are serious, you may have to miss work because you’re in hospital or you’re at home recovering. You may also have to take time off to go to doctor’s appointments or get some type of therapy. When you miss work, your employer won’t pay you and this can cause significant financial difficulties for you and your household. It is, therefore, important that you file a claim for all the wages you have missed out on because of your injuries. It won’t be enough to simply say you’ve lost thousands of dollars. You will need to present proof of all the money you’ve missed out on. This may include your set salary as well as any commissions or bonuses to which you would normally be entitled. You will need to present your medical records, copies of pay stubs, and perhaps income tax statements to show how much money you have lost.
Calculating Future Lost WagesSome burn injury victims can go back to work in a few weeks or even a couple months. Unfortunately, some are unable to take up their previous duties while others can’t work at all even though they are in the prime of their lives. In either of these cases, victims may be able to secure compensation for their loss of earning capacity. Future last wages are based on the amount that you were expected to earn at a later date. To be able to recover future lost wages, your injuries must be permanent, and you will have to prove this. In some cases, victims can work but they can’t do the work they could prior to injury. Maybe they can only work part-time, or they can only take on limited duties. In such an instance, they may be able to claim the difference between what they earned before and what they are expected to earn. Serious injuries can result in both physical and mental challenges. Both of these should be taken into consideration when determining how much a victim has lost. Very often, proving diminished earning capacity involves testimony from experts. They will analyze your situation and give their opinion on how much you would have made if you were not injured. Some of the things that will be considered include:
- Whether recovery is possible and what your limitations and capabilities will be
- How your injuries can affect your ability to perform your job
- What your income would have been if you did not suffer an injury
- How much you can be expected to earn now that you are injured