A serious injury can disrupt your ability to work. You may be forced to miss weeks, months, or you may not be able to go back to your previous position at all. In Illinois, injured victims have the right to seek financial compensation for their lost wages. At Tuite Law, we handle personal injury claims and workers’ compensation cases.
In this article, you will find a guide to the key things you need to know about proving lost wages after an accident in Illinois.
What to Know About Lost Wages in a Personal Injury Claim in Illinois
Under Illinois law, an injured victim can recover damages for both past and future lost earnings. These are classified as economic damages. To get a full and fair recovery, lost wage claims require clear documentation of how much income was actually missed and how the injury will affect earning capacity moving forward.
Common evidence includes:
- Employment and Pay Records: At the foundation of your wage loss claim are your employment/payroll records. That generally includes copies of pay stubs, W-2 forms, or tax returns. They can also establish your historical income level before the accident.
- Employer Verification: It is often a good idea to provide verification from an employer. Things like written statements confirming missed work dates and pay rates strengthen your personal injury claim.
- Medical Proof of Disability: Medical records are key in personal injury claims, including or proving wage loss. Your medical documentation must connect your inability to work directly to the injuries sustained in the accident.
- Expert or Vocational Testimony: Finally, for serious or permanent injuries, a vocational expert may be needed to quantify the long-term reduction in earning potential. A Rockford personal injury lawyer can help connect you with the right experts for your case.
Lost Wages Under the Illinois Workers’ Compensation Act
Employees injured in the course of employment are generally covered by the Illinois Workers’ Compensation Act (820 ILCS 305/). It is a different process than for fault-based personal injury claims. You can seek no-fault workers’ comp benefits. In Illinois, lost wages are replaced through temporary total disability (TTD) or temporary partial disability (TPD) benefits.
It will depend on the worker’s capacity to perform duties. To qualify, you must show:
- The injury occurred while performing job-related duties.
- You provided timely notice to your employer.
- A treating physician has restricted or prohibited your ability to work.
Notably, workers’ comp wage loss benefits are calculated based on your average weekly wage before the accident. In most cases, these benefits are paid at two-thirds of a claimant’s average weekly wage. Though there are both state maximum and minimum workers’ comp benefits in Illinois. Insurers may dispute these figures by excluding overtime or bonuses.
Detailed payroll records and consistent medical updates are essential to prove the full amount owed.
We are Strong Advocates for Injured Victims in Rockford, Illinois
At Tuite Law, our Rockford attorneys handle both personal injury claims and workers’ compensation cases. We put victims and families first. If you were hurt in a serious accident, please contact us today at (815) 965-5777 for a no-cost, no-obligation initial consultation.
With a law office in Rockford, we provide legal services throughout the wider region in Illinois.
