How to prove your lost wages in Connecticut.

What are lost wages?

Lost wages means lost pay from work from the date of the injury through to the present.  Think of lost past wages instead of lost future wages, or lost earning capacity.

Keep in mind that all jobs are different.

First of all you must understand that not all jobs are the same, and not all employers are the same.  The way to prove your lost wages will depend upon the type of job you have, your particular employer, and the records that your employer keeps.   Even within the same type of job, different employers keep different records, and record facts differently. 

What if you are seriously injured in a car accident, and you miss one month from work?

Example 1.  But also assume that you are a high level executive working for Pfizer, or on salary working as a manager at a local bank like Chelsea Groton Bank in Groton.  In that situation, it is possible that you don’t even lose any wages.  If the employer continues to pay your salary, then you are lucky, and you have not lost any wages. 

Example 2.  Next, what if the employer does not pay your salary, but you have ample sick time on the books.  If you take your sick time, then you might be able to make up for all of your lost wages.

Example 3.  What if you work at Foxwoods Casino, and earn money from tips only, and you miss one month from work.  You have lost one months pay from tips, but you might have a difficult time proving how much you lost because the tips change from month to month.   

Example 4.  What if you simply work by the hour, and have no sick time offered at your job.  You miss an hour of work, and you miss an hour of pay.  Your losses might to show on your pay stubs.

Example 5.  What if you are a self-employed carpenter?   You miss one month from work, and your projects are delayed.  Did you make up for the delay next month by working very hard long hours to get your projects back on track? 

You can see that there are many different types of jobs, and ways to be paid.  So, each case must be examined individually. 

How do you prove lost wages?  Start by asking yourself what do you expect to exist if you have suffered lost wages?

You should look at the set of facts, and ask what do you expect to exist if you actually have suffered lost wages?  Here is a checklist of things to look at.

            Tax returns. 

Each year each person is required to file tax returns.  Your tax returns will show your wages one year, and then the next year.  Did your income increase or decrease from one year to the next?

            Pay records. 

Most employers produce checks or a paper statement of your weekly pay.  These papers are called pay “stubs,” and often show your income from the beginning of the tax year (normally January 1) to the present.  They often show the number of hours worked during the pay period.  If you missed work, your pay stub should show that with reduced or zero hours. 

            Medical documentation. 

Do you have a note from the doctor keeping you out of work?  If you have a doctor’s note saying that it is medically advisable for you to remain out for work, then that is strong evidence that it was reasonable for you to stay out of work.  If you can get such a note, then do it.

            Live testimony from your boss. 

Will your boss come to Court, and take time out of his or her day to say that you were a good worker, and you missed work.  What about a co-worker? 

Where to get help.

If you have been injured and you have lost wages then contact The Bartinik Law Firm, P.C. at 888-717-4211.

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut