Recovering lost wages after a car accident in Utah may be possible when crash injuries prevent you from working, and the income loss can be documented. Payment depends on the available insurance, the connection between the injury and missed work, and any legal claim against the responsible party.
The Schriever Law Firm can help Utah car accident victims pursue their claim without much confusion.
Is Lost Income Separate From Pain and Suffering?
The Utah Supreme Court’s decision in Cohn v. JC Penney Company, Inc. distinguishes lost earnings from general damages, treating wage losses as a separate category from compensation for pain and suffering.
This distinction makes employment records important even when medical evidence already establishes an injury, because treatment records alone may not show how much income disappeared.
What Personal Injury Protection May Pay
Under Utah Code Section 31A-22-307, applicable personal injury protection benefits cover the lesser of $250 weekly or eighty-five percent of lost gross income and earning capacity caused by inability to work, for up to fifty-two consecutive weeks.
As such, the statute also permits an initial three-day waiting period unless the disability continues longer than two consecutive weeks after the injury.
For instance, someone losing $800 each week would reach the $250 weekly limit, even though eighty-five percent of the lost income would be higher. These insurance limits do not establish the full value of a wage claim against a responsible party, which requires separate evaluation.
Records That Support Missed Earnings
To help bolster your claim, work absences should be connected to the injury. Medical work restrictions should explain how the injury affected job duties, while employment records should identify the hours missed and the applicable pay rate.
Helpful documents may include:
- Pay statements showing earnings before the collision
- Employer verification of missed hours and wages
- Medical restrictions and approved return dates
- Records supporting regular overtime or commission income
- Documentation of reduced hours after returning
Keeping these records together assists in distinguishing injury-related absences from unrelated time away, particularly when appointments and partial workdays occur throughout recovery.
Reduced Hours in Relation to Returning to Work
Returning to work does not necessarily mean every income loss has ended, particularly when medical restrictions require shorter shifts or different duties that pay less than the position held before injury.
For instance, an employee who resumes twenty hours of a usual forty-hour schedule may still have a documented shortfall, provided payroll and medical records explain why the reduced schedule was necessary and how long it lasted.
Self-Employment Incomes and Their Influence in Your Claim
Self-employed workers may use tax returns, invoices, business records, and prior earnings to explain income lost because injuries interrupted their work activities.
Lost customer revenue does not automatically equal lost personal earnings, since business expenses and payments received later can change the actual financial loss. Records showing canceled projects, replacement labor costs, and established earning patterns can help explain the difference without relying on unsupported projections.
Reviewing Your Wage Records With the Most Trusted Personal Injury Attorney in Utah
For questions about recovering accident-related income losses, talk to qualified personal injury attorneys at The Schriever Law Firm for a review of the available payment options and the evidence needed to support them. Schedule a consultation today by calling us at (801) 574-0883.
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