Visitor Question

Can I claim lost wages from my per diem job?

Submitted By: Salamatu (Clayton, NC)

I was in a car accident and had a right hand soft tissue injury and swelling. I am a critical care nurse and right handed. I do contract nursing and have to work an agreed amount of hrs each week or pay back an agreed amount and lose the hourly pay for hrs not worked.

I have a per diem job I have worked for the last 4 years. I give my availability to the facility and they confirm my hrs based on their needs. Due to the accident I was unable to work my usual hours a week due to pain at the end of my shift. Sine I have to work 36hrs a week per my contract job, I was unable to pick up my regular hrs.

I have a Proof of Needs list sent out by the facility, but I was unable to work them due to pain. I have a W2 that shows what I grossed from the job for the last 4 years.

My question is, am I able to ask for lost wages from my per diem job based on available hrs offered by the facility? Do I calculate available hours to work minus actual worked hours to figure out total income lost? Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Salamatu,

It is relatively easy to compute your per diem lost wages and corresponding income amounts. Begin by organizing your paperwork. Then look at the previous six months of your working hours and wages. Average those amounts to get your average weekly hours and pay. Then multiply the average by the amount of weekly hours and related wages you were not able to work due to the accident, your resulting injuries and your treatment.

To establish hours worked and lost wages in the preceding six months before the accident, collect your pay stubs, W2’s, and any other proof of hours worked. Then separate the hours and wages worked at each job.

It would be helpful to put all your calculations in a written letter. Have your employer sign the document attesting to the validity of the hours and pay, and confirming the number of hours you could have worked had you not been injured. Then submit the letter along with all your documented proof to the insurance company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 29, 2016

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