Use our lost wage calculator below to estimate your potential lost wage recovery after a personal injury settlement. Please note that this calculator is for illustrative purposes only and does not constitute legal advice.

Injury Lost Wage Calculator

0%

If you or someone you love was seriously injured in an accident due to no fault of your own contact GJEL Accident Attorneys at 415-986-4777 for a free, no-obligation personal injury case evaluation.

How to Calculate Lost Wages in a California Injury Claim

When you’re injured in an accident in California, the impact often extends beyond physical pain – it can significantly affect your financial well-being.

At GJEL Accident Attorneys, we understand that lost wages are a critical component of your personal injury claim. Whether you’ve been in a car accident on the 101 or suffered a motorcycle crash in San Francisco, accurately calculating your lost wages is crucial for securing the compensation you deserve under California law.

Understanding Lost Wages in the Golden State

In California, lost wages encompass more than just your base salary. They include:

  1. Regular hourly or salaried pay
  2. Overtime
  3. Bonuses and commissions
  4. Vacation or sick days used during recovery
  5. Perks and benefits (like health insurance or 401(k) contributions)

California’s Unique Considerations

California labor laws are some of the most employee-friendly in the nation, which can impact your lost wage claim. For instance:

  • Meal and rest break violations: If you typically work through breaks, this additional time should be factored into your calculations.
  • California’s higher minimum wage: Ensure your calculations reflect California’s minimum wage, which is higher than the federal standard.
  • Unlimited PTO policies: If your employer offers unlimited PTO, we can help you determine a fair value for time taken off.

Steps to Calculate Your Lost Wages

Below are the steps you can follow to get an estimate of your lost wages.

Steps to Calculate Your Lost Wages

  1. Gather Documentation: Collect pay stubs, tax returns, and employment contracts. California law allows for various forms of proof, including statements from your employer.
  2. Determine Your Daily Rate: For salaried employees, divide your annual salary by 260 (52 weeks x 5 workdays). For hourly workers, multiply your hourly rate by your typical hours per day.
  3. Calculate Total Days Missed: Include full and partial days, medical appointments, and therapy sessions.
  4. Account for Future Losses: California allows for future lost wages if your injury will affect your earning capacity long-term.
  5. Consider Non-Wage Benefits: Calculate the value of lost benefits, which are recoverable under California law.

GJEL’s Expert Tip: Don’t forget about potential raises or promotions you might have missed due to your injury. California courts often consider these in long-term injury cases.

Challenges in California Lost Wage Claims

  • Gig Economy Workers: With California’s unique AB5 law, gig workers may have stronger claims for lost wages than in other states.
  • High-Income Earners: California has no cap on economic damages, including lost wages, allowing for full recovery even for high earners.
  • Self-Employed Individuals: We can help you navigate the complexities of proving lost income if you’re self-employed, using methods accepted by California courts.Calculating loss of earnings can be particularly challenging for those who are self-employed. To understand how these calculations are made, you can read more in the article on how loss of earnings is calculated if self-employed, which discusses the unique considerations for self-employed individuals.

Why GJEL Accident Attorneys?

Calculating lost wages in California requires a deep understanding of state-specific laws and precedents. At GJEL, our experienced attorneys have a proven track record of maximizing compensation for our clients across the Bay Area and beyond. We’re familiar with the nuances of California’s labor laws and how they intersect with personal injury claims.

Don’t leave money on the table. Contact GJEL Accident Attorneys today for a free consultation. Our expertise in California injury law can make a significant difference in your lost wage claim and overall compensation.

Remember: In California, you generally have two years from the date of injury to file a personal injury claim. Don’t wait – reach out to us now to protect your rights and secure your financial future.

Frequently Asked Questions

In personal injury cases, understanding whether your lost wages will be fully covered can be complex. For a comprehensive explanation on this topic, you can refer to will my lost wages be fully covered in a personal injury settlement, which outlines factors that influence the compensation you may receive.

If you’ve had to miss work due to accident injuries, you might be wondering about the recovery of lost wages. For detailed information on this, see the guide on recovering lost wages after missing work due to accident injuries, which explains how to pursue compensation effectively.

Author Photo

Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.