Wage loss is a form of damage that many clients believe is straight-forward, but in reality, it can be difficult to prove.
For example, If you were injured and had to take time off of work because you could not do your job as a result of your injuries, and then during that time frame were furloughed because of the Covid-19 shutdown, your wage loss just became more complicated to prove. The interplay then with unemployment also becomes different in that it is a requirement that you be able for work in order to apply for unemployment benefits.
If you were an independent contractor or self-employed, then this also would be affected by Covid-19. Cases in which clients work on commission or are self-employed already create unique challenges. In both instances, greater care needs to be taken from the beginning to properly document the time off. When wage loss is less objective because of the uncertainty of commissions or self-employed income, then the client needs to make reasonable efforts to both documents and limit the amount of income loss that stems from the effects of the accident-caused injuries. These losses can be harder to prove because there is an inherent bit of speculation as to what would have happened in these circumstances.
Each case is unique, but we usually look for a track record of past income to help understand what was likely lost
Clients should discuss any wage loss concerns with their attorney promptly and should never make an independent decision about missing or leaving work without first having a conversation with their attorney. These matters can be hard to fix after the fact, so proper planning can save a lot of headaches down the road. Please feel free to give us a call.