Recovering from a personal injury often comes with a steep financial toll, especially if your injuries prevent you from working. In Vermont, injured individuals may have the right to recover lost wages as part of their personal injury claim. Determining exactly how much you can recoup depends on several factors, including the severity of your injury, the nature of your work, and the evidence you present.
What Counts as Lost Wages in a Vermont Personal Injury Claim?
Lost wages are the income you would have earned if the injury had not occurred. In Vermont, this category can cover several forms of income loss:
Regular Income
This is the most straightforward calculation. If you are a salaried or hourly employee, lost wages are based on the amount you would have earned during the time you could not work. Pay stubs, tax returns, or employer statements are often used to verify these figures.
Overtime and Bonuses
If you can show a consistent history of overtime work or performance bonuses, you may claim those as part of your lost wages. The court or insurance company will look at past records to determine how likely you were to earn that additional income.
Self-Employment Income
For business owners and freelancers, lost wages can be more complex to prove. Instead of pay stubs, documentation such as tax filings, client invoices, and profit-and-loss statements may be required to establish earnings.
Loss of Benefits
In some cases, the value of lost employment benefits—such as health insurance contributions, retirement matching, or commissions—can also be included in a lost wages claim.
Proving Lost Wages After a Vermont Injury
Accurate documentation is essential to successfully claim lost wages. Without clear evidence, insurers or courts may dispute the amount you are owed.
Key Evidence to Support Your Claim
- Medical Records linking your inability to work directly to your injury.
- Employer Verification confirming missed work dates, hourly rate or salary, and lost benefits.
- Tax Returns and Pay Stubs showing consistent earning patterns.
- Expert Testimony from vocational or economic experts for long-term earning loss.
Calculating Lost Wages in Vermont
The calculation starts by multiplying your daily wage by the number of workdays missed. However, other factors may come into play depending on the injury’s long-term impact.
Short-Term Lost Wages
If you return to work within weeks or months, the calculation is generally straightforward. For example:
If you earn $200 per day and miss 30 days, your lost wages would be:
$200 × 30 = $6,000
Long-Term or Permanent Loss of Earning Capacity
Some injuries reduce your ability to work or force you to take a lower-paying job. This is referred to as “loss of earning capacity.” In these cases, experts may project future income losses based on your profession, age, and expected career growth.
Partial Lost Wages and Reduced Hours
Not all injuries result in complete work stoppage. Some victims return to work in a limited capacity—reduced hours or light duty—resulting in a partial income loss. Vermont law allows you to claim the difference between your pre-injury and post-injury earnings.
For instance, if you earned $1,000 per week before the accident and can only earn $600 per week afterward, you may claim $400 per week in partial lost wages for the duration of your reduced capacity.
How Vermont’s Comparative Negligence Rule Affects Lost Wage Recovery
Vermont follows a modified comparative negligence system. This means your compensation for lost wages may be reduced if you were partly at fault for the accident.
Example: If your total damages are $20,000 and you are found 25% responsible for the incident, your award would be reduced to $15,000. However, if you are 51% or more at fault, you cannot recover any compensation.
Lost Wages and Insurance Claims in Vermont
Lost wage claims are often handled through the at-fault party’s liability insurance. However, if your accident involved a motor vehicle, your own personal injury protection (PIP) coverage—if you have it—may cover a portion of lost wages, depending on policy limits.
Negotiating with Insurance Adjusters
Insurance companies frequently dispute lost wage claims, especially when self-employment or variable income is involved. Providing detailed documentation and, if necessary, expert analysis can strengthen your position during negotiations.
Time Limits for Filing a Lost Wage Claim
In Vermont, personal injury lawsuits—including those for lost wages—are subject to a three-year statute of limitations from the date of the injury. Waiting too long to file can result in losing the right to compensation entirely.
It’s important to act quickly to preserve evidence, obtain medical documentation, and gather employer records while they are still accessible.
Workers’ Compensation vs. Personal Injury Lost Wages
If you were injured at work, lost wages may be recovered through Vermont’s workers’ compensation system rather than a personal injury lawsuit.
Key Differences
- Workers’ Compensation: Generally covers a portion of lost wages (about two-thirds of your average weekly wage), regardless of fault.
- Personal Injury Claim: Can recover the full amount of lost wages, plus other damages like pain and suffering, but requires proving fault.
In some situations—such as being injured by a third party while working—you may be able to pursue both a workers’ comp claim and a personal injury claim.
Maximizing Your Lost Wage Recovery
To ensure you recoup the maximum possible amount, consider these steps:
- Seek immediate medical attention and follow your doctor’s orders.
- Keep a detailed log of missed work days and reduced hours.
- Request written statements from your employer regarding your missed work and wages.
- Retain copies of all tax records, invoices, and pay stubs.
- Consult an attorney early to navigate both insurance negotiations and legal filings.
Conclusion
Lost wages can be a significant financial burden after a personal injury in Vermont, but with strong documentation and an understanding of your legal rights, you can improve your chances of full recovery. Whether your income loss is temporary, partial, or permanent, calculating and proving your claim correctly is essential. An experienced Vermont personal injury attorney can help assess your case, gather evidence, and pursue the compensation you deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont 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.