Are you concerned about how youโll recover financially after an unexpected injury caused you to lose income in Acworth, Georgia? Whether your case involves a traffic accident, medical injury, or job-related disability, Kaufman Injury Law can help you pursue the compensation you need to get back on track. Weโll help you prove the wages youโve lost, calculate any future losses, and fight for fair compensation.
Contact our firm now to arrange your free initial consultation and speak with a team that cares about your recovery. Let us help you take control and move forward with confidence.
Types of Lost Wages
Lost wages include any income you miss due to an injury that keeps you from working. The most common type of lost wages comes from regular hourly or salaried work.
Lost bonuses, commissions, and tips also count as lost wages. If your injury prevents you from performing work that would have earned you additional income, you can include this loss in your claim.
You can also claim compensation for future lost wages, which arise when an injury permanently affects your ability to work. For instance, if you can no longer perform a physically demanding job due to your injury, you could recover compensation for your long-term loss in earning capacity.
Claiming Lost Wages in Personal Injury Cases
To claim lost wages in a personal injury case, you need evidence showing how your injury directly affected your earnings. First, you must prove your typical income from before the accident with evidence like pay stubs, tax returns, or bank statements that show regular deposits from your employer.
You will also need medical records to support your claim. These documents should confirm that your injury made it impossible to perform your usual job duties. Proof that your doctor restricted your work activities or placed you on medical leave can also strengthen your case.
A statement from your employer can further verify the hours or days you missed and how much income you lost. A personal injury attorney can help you gather this documentation and present it clearly in negotiations or court proceedings to pursue the full amount you deserve.
Recovering Lost Wages in Medical Malpractice Cases
Recovering lost wages in a medical malpractice case involves proving that a healthcare providerโs negligence caused your injury and, as a result, your inability to work. You can establish your claim by gathering detailed evidence of your income before the malpractice occurred, such as pay stubs, tax records, or employment contracts showing your typical earnings.
Next, you must link the malpractice to your lost wages. You will need medical records showing how your providerโs mistake caused the injury or illness that forced you to stop working. For example, if a surgical error resulted in a prolonged recovery, this connection must appear in your evidence.
You must also document the specific amount of time you could not work. If the malpractice caused long-term or permanent disability, expert testimony might be necessary to calculate future lost earnings. A personal injury attorney can organize this evidence for you to maximize your recovery.
Lost Wage Benefits in Workersโ Compensation Cases
Workersโ compensation can replace a portion of your lost wages if a job-related injury or illness prevents you from working. In Georgia, workersโ compensation benefits can provide temporary total disability (TTD) payments if your injury stops you from working entirely. TTD benefits provide up to two-thirds of the average weekly wage you earned before the injury.
If you can return to work but canโt earn as much as before due to your injury, you might qualify for temporary partial disability (TPD) benefits. These benefits cover up to two-thirds of the difference between your pre-injury earnings and your current reduced income.
If your injury causes permanent disability, workersโ compensation could provide additional benefits based on the severity of the disability. Permanent partial disability (PPD) benefits apply if you can still work but have lasting limitations, while permanent total disability (PTD) benefits apply if you cannot return to work at all.
What If Iโm Self-Employed or Have Irregular Income?
If youโre self-employed or earn irregular income, youโll need clear documentation of your typical earnings to claim lost wages compensation. You can start by gathering your tax returns for at least one to two years before your injury to establish your average income and calculate your lost wages.
Bank statements showing regular deposits from clients can also provide valuable proof. You can supplement these records with invoices, contracts, or project agreements that show your usual work schedule and expected payments.
If your injury affects your ability to work long-term, you can track your work history from before the injury to demonstrate lost earning potential. An attorney can help you organize your records and present a strong case for actual and projected lost wages.
Taxes and Lost Wage Compensation
In most personal injury cases, compensation for lost wages is not taxable if your losses arise from a personal physical injury or physical sickness. The IRS excludes such compensation from gross income as long as the settlement or judgment relates to the physical harm you suffered.
If your case involves non-physical injuries, such as emotional distress, the IRS considers lost wage compensation taxable unless it directly reimburses you for medical expenses that were not previously deducted. Punitive damages in any case are taxable, except in rare circumstances.
Workersโ compensation benefits, including those for lost wages, are also excluded from taxable income under federal law. However, if you receive Social Security benefits alongside workersโ compensation, some of your Social Security benefits might become taxable.
If your settlement includes compensation for future lost wages, the tax implications will differ. You might owe taxes on this portion depending on how itโs categorized in your settlement. Remember to keep detailed records of any payments you receive and consult a lawyer to avoid surprises at tax time.
Contact an Acworth Lost Wages Attorney Today
Donโt let lost wages add more stress to your recovery. If youโre facing financial challenges after an injury, Kaufman Injury Law is here to help. Take the first step toward getting the compensation you deserve now. Call us at (404) 355-4000 or fill out our online form to get started with your free consultation.
Driving Directions to Our Atlanta Office
If you prefer to discuss your case in person, we would be delighted to see you. Below, youโll find detailed driving directions to guide you to our office at 12 Beck Street NW, Atlanta, GA 30318:
From the North
Take I-75 South and merge onto I-85 South. Use Exit 249D toward North Avenue, then turn right onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.
From the South
Take I-85 North and merge onto I-75/I-85 North. Use Exit 249D toward North Avenue, then turn left onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.
From the East
Take I-20 West and merge onto I-75/I-85 North. Use Exit 249D toward North Avenue, then turn left onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.
From the West
Take I-20 East and merge onto I-75/I-85 North. Use Exit 249D toward North Avenue, then turn left onto North Avenue NW. Turn left onto Marietta Street NW, then right onto Beck Street NW. You will arrive at 12 Beck Street NW on your left.
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