LOST WAGES INJURY CLAIM
An injury took
your income too.
When an injury keeps you out of work, the lost paychecks hurt as much as the medical bills, and Massachusetts law lets you recover the income the injury took, both past and future.
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What a lost wages injury claim can recover for you.
A serious injury does not only cost you at the hospital; it costs you at work. The days you miss during recovery, the shifts you cannot pick up, the promotion you have to pass on, and the career you may never fully return to are all real losses, and Massachusetts law treats them as recoverable. Lost wages and lost earning capacity are the economic backbone of most injury claims, and they are often larger than the medical bills once a serious injury keeps someone out of work for weeks, months, or for good.
Yet lost income is one of the most contested parts of a claim, because it reaches into the future and an insurer would rather pretend the future is fine. It will pay a few obvious missed paychecks and stop there, ignoring the overtime you always worked, the raise you were in line for, or the physical job you can no longer do. Documenting the full picture, from the employer records and tax returns to the medical restrictions and, in a serious case, a vocational expert, is what turns lost income from a rounding error into the substantial claim it should be. Our Boston personal injury attorney team builds that record from the start.
Lost income also comes in two phases, like the injury itself. There is the immediate, short-term loss while you heal and cannot work at all, and there is the lasting loss when an injury permanently reduces what you can earn, forces a change of career, or ends a working life early. A complete claim accounts for both, and this page explains how each is proven and paid under Massachusetts law. If an injury has cost you income, a free review can tell you what your claim may support at no cost. The sooner that work begins, the more of the record survives, because pay history, work schedules, and the specifics of what an injury kept you from doing are far easier to prove while they are fresh than to reconstruct a year later. It also matters that the wage claim is built in step with the medical case, since the same treatment records that show how badly you were hurt are what justify every day you could not work and every task you can no longer perform. When those two threads are developed together from the start, the insurer has far less room to argue the time off was unnecessary or that you could have returned sooner than your doctors allowed.
What our clients say
Your lost income belongs in the claim.
- We recover the full income an injury costs, the missed paychecks now and the earning power lost for good.
- We push past the few obvious missed shifts an insurer will pay to the overtime, raises, and future you lost.
- We gather the employer records, pay history, tax returns, and medical restrictions that prove the loss.
- We bring in vocational and economic experts when a serious injury changes what a person can earn for life.
- We coordinate PIP, workers’ comp, and the liability claim so no source of wage recovery is left out.
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How Massachusetts pays for lost income.
PIP and the at-fault driver in a crash
After a motor-vehicle crash, personal injury protection under MGL c.90 §34M pays a portion of your lost wages, generally seventy-five percent up to the PIP limit, regardless of who was at fault. That benefit is capped and rarely covers a serious loss on its own, so the rest, including the full value of the wages and the earning capacity taken by the injury, is pursued against the at-fault driver’s liability coverage. Coordinating the two so nothing falls through the gap is one of the first things a lawyer does.
Work injuries and workers’ compensation
When the injury happened on the job, workers’ compensation under MGL c.152 §34 replaces part of the lost wage, typically around sixty percent of the average weekly wage while you are totally disabled, with partial benefits as you return. Comp does not pay for pain and suffering, and where a third party outside the employer caused the injury, a separate liability claim can recover the full wage loss and more. Sorting out which system pays, and in what order, protects the whole recovery.
Fault, the deadline, and future loss
Massachusetts applies modified comparative negligence under MGL c.231 §85, so your recovery is reduced by your share of fault and barred only if it passes half. Most claims must be filed within three years under MGL c.260 §2A. The hardest and most valuable piece is usually future earning capacity, which looks at the work you can no longer do and the wages you will not earn over a working lifetime, proven with medical and vocational evidence rather than a single pay stub. A vocational expert can describe the jobs a person can no longer hold and the wages those jobs would have paid, and an economist can reduce a lifetime of lost earnings to a present-day figure, so a permanent injury is valued as the long-term loss it truly is rather than the handful of missed weeks an insurer would prefer to pay. This is also where the different sources of recovery must be coordinated carefully, because a dollar counted twice, or a benefit repaid out of a settlement, can quietly erode what an injured worker actually keeps.
Where a lost wages injury claim comes up.
The crashes that keep people off work
Lost income is a thread through nearly every serious injury, and it starts on the road. The high-impact crashes handled by our Boston car accident lawyer, Boston truck accident lawyer, and Boston motorcycle accident lawyer teams routinely leave a person unable to work for weeks or months, and the more physical the job, the longer the paychecks stop. Vulnerable riders and walkers are hit hardest of all, which is why a Boston bicycle accident lawyer and a Boston pedestrian accident lawyer document lost income alongside the injury itself.
Falls, workplaces, and lasting disability
Off the road, a preventable hazard on someone’s property is a common cause of a long time out of work, and a Boston slip and fall lawyer treats the wage loss as central to the claim. When the injury happens on the job, a Boston workers compensation lawyer pursues the wage-replacement benefits the comp system provides, and where a serious head injury reshapes what a person can do, a Boston brain injury lawyer builds the case around a lifetime of reduced earning power.
The loss that outlasts the recovery
In each of these cases the missed paychecks during recovery are only the beginning. The larger loss is often the one that never fully reverses, the career cut short, the trade a person can no longer practice, or the promotion that goes to someone else, and a full claim follows that loss into the future rather than stopping at the first day back on the job. That is why the wage-loss part of a case is documented from the outset, in step with the medical treatment, so that when the time comes to value the claim the record already shows not just the days missed but the earning power the injury quietly took away. A person focused on healing rarely thinks to preserve that proof, which is exactly why gathering it early, before schedules change and memories fade, so often decides how seriously an insurer treats the wage claim.
What lost income a claim covers.
Lost income is broader than the paychecks you can see missing from your account, and a full claim breaks it into the specific ways an injury cuts into what you earn, first now and then over time. In the short term it is the wages, salary, tips, overtime, and shifts you miss while you cannot work at all, along with the paid time off you are forced to burn.
Over the longer term it becomes lost earning capacity, the measurable drop in what you are able to earn when an injury leaves you unable to return to the same job, work the same hours, or advance the way you would have. The categories below capture the common pieces, and a serious injury usually reaches several of them at once, which is why they are valued together with medical and vocational proof rather than guessed at from a single number. Because these losses often build slowly, they are easy to overlook in the first weeks after an injury, when the focus is on treatment rather than paychecks. A careful claim looks ahead, projecting how long the restrictions will last and what they mean for a career, so a person is not left quietly absorbing years of reduced income the responsible party should have paid for.
The clearer that projection is, and the more it rests on real medical and vocational evidence, the harder it becomes for an insurer to wave the future away as if it were guesswork. In practice that means starting the wage claim on the same day as the medical one, keeping every pay record and doctor’s note, and treating the paycheck side of the injury as seriously as the treatment side. In a serious case the lost income is often the larger of the two losses, and a claim that documents it thoroughly, from the first missed shift to the last projected year of reduced earnings, is what keeps a person from quietly paying for someone else’s negligence out of their own future.
Past Lost Wages
Future Earning Capacity
Lost Benefits and Bonuses
Self-Employment Losses
How a lost wages claim is proven.
Gather up your pay and work records
Ask your employer for a letter confirming your missed time, pay rate, and lost overtime, and keep all your pay stubs and tax returns, because the wage claim is only as strong as the records behind it.
Get your doctor's work restrictions
Make sure your doctor writes down your work restrictions and the time you must stay home, because those orders connect the lost paychecks to the injury and stop the insurer from saying you could work.
Have a lawyer value the future loss
Before you accept any offer, let a lawyer value the future loss, because the largest part of a wage claim is the earning power a serious injury takes for years, which a single pay stub can never show.
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Talk to us about your lost wages injury claim.
The paychecks an injury costs you are as real as the medical bills, and they are often the larger loss once you are kept out of work for any length of time. Tell us about your job, your injury, and the time you have missed, and we will document the full wage loss, coordinate every source that should pay, and pursue the earning power the injury took. There is no cost and no pressure, and you pay nothing unless we win. When an injury proves fatal, close family may recover the income the loved one would have earned under MGL c.229 §2.
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Our Clients.
Our Practice Areas.
Lost income is part of nearly every serious injury we handle across Boston and the surrounding communities, from a routine time-out-of-work sprain to a permanent, career-ending injury. If you are not sure how the wage-loss part of a claim applies to your situation, we can walk you through it in plain terms at no cost and with no obligation.
Personal injury law in Boston answered directly.
Do I have a personal injury claim?
You may, if someone else’s carelessness caused your injury. The key questions are whether another person or company was negligent, whether that negligence caused your injury, and how serious the harm is. Many people are unsure whether their situation rises to a claim, especially when an insurer downplays it. A free review with an attorney is the best way to find out, because we can look at the facts, the evidence, and the insurance and tell you honestly whether you have a case and what it may be worth, at no cost to you.
What kinds of cases do you handle?
We handle the full range of serious injury and wrongful death cases, including car, truck, motorcycle, bus, rideshare, bicycle, and pedestrian crashes, slip and fall and other premises injuries, dog bites and animal attacks, injuries from dangerous or defective products, and fatal accidents. What these cases share is that someone was hurt by conduct that should not have happened. If you are not sure whether your situation fits, the simplest thing is to ask; the review is free, and we will tell you honestly whether we can help.
How much is my claim worth?
It depends on the severity of the injuries and their lasting effects. Value can reflect past and future medical care, lost wages and reduced earning capacity, pain and suffering, and the long-term impact of a serious or permanent injury, along with property damage in a crash. Every case is different, and the future care is often the largest part of a serious claim. Be cautious of anyone who promises a number up front; a careful attorney evaluates the claim only after reviewing how the injury happened and the full medical picture.
What if the insurer says I was partly at fault?
You can still recover as long as you were not more than half to blame. Under comparative negligence, MGL Chapter 231 Section 85, your compensation is reduced by your share of fault but not eliminated unless that share passes fifty percent. Insurers often exaggerate the injured person’s role to cut what they pay, sometimes based on little evidence. An attorney can present the full picture of how the injury happened and protect your recovery from an unfair or inflated fault argument.
Should I talk to the insurance company?
It is best to be cautious. The other side’s insurer, and sometimes even your own, may contact you quickly and sound friendly, but their goal is to limit what they pay, and an early recorded statement can be used against you while you are still hurting. You are not required to give one. An attorney can deal with the insurers for you, so you do not say something that is later taken out of context, and so the focus stays on the other side’s fault and your recovery rather than on the insurer’s bottom line.
How long do I have to file a claim?
Most injury claims must be filed within three years under MGL Chapter 260 Section 2A, and for an injured child the deadline is paused under MGL Chapter 260 Section 7. Claims involving a city or other public entity can carry much shorter notice deadlines. Because evidence fades and cameras record over their footage within days, it is best to act soon so the proof can be preserved well before any deadline approaches.
What if I cannot afford a lawyer?
You can. Larson Law handles injury claims on a contingency fee, which means there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim and working with any experts the case needs. You do not pay out of pocket while you recover, and we are only paid from a successful result. That arrangement exists so that anyone, regardless of their finances, can afford strong legal help after a serious injury.
Do I really need an attorney for my claim?
For a minor injury you may not, but for any serious injury an attorney usually makes a real difference. Insurers settle for less when no lawyer is involved, and the rules around fault, deadlines, and coverage are easy to get wrong on your own. An attorney levels the field, handles the insurers, proves the claim, and pursues the full value while you focus on recovering. Because the first review is free and we work on a contingency fee, there is no cost to find out whether you need one and what your claim may be worth.
How long will my case take?
It depends on the case. Some claims resolve in a matter of months through negotiation, while others, especially serious injuries that are still healing or cases an insurer refuses to value fairly, take longer and may require filing suit. It is usually wise not to settle until the full extent of your injuries is known, since you generally cannot reopen a claim later. An attorney can give you a realistic timeline for your situation and work to move the case as efficiently as possible without leaving money on the table.
What if a loved one died from an injury?
If an injury proved fatal, close family may bring a wrongful death claim under MGL Chapter 229. Such a claim can seek compensation for the loss of the person’s income, services, companionship, and guidance, along with funeral and related expenses. These cases are painful and the legal steps are complex, and an attorney can handle the investigation and the filings so the family can focus on each other, never paying anything up front and owing a fee only if there is a recovery.
How much does a personal injury attorney cost?
Nothing upfront. Larson Law handles personal injury claims on a contingency fee, so there is no charge unless we recover money for you, and the first review is always free. We advance the costs of investigating the claim, obtaining the records, and working with experts. We are only paid from a successful result, which lets an injured person take on the insurers without paying out of pocket while they recover, so cost is never a reason to wait to find out what your claim may be worth.
What should I do after an accident?
Get medical care right away, even if you feel okay, since some injuries appear hours or days later, and keep every record. Write down how it happened, photograph the scene, the cause, and your injuries, and get the names of any witnesses while it is fresh. Report the accident as appropriate. Avoid giving the insurer a recorded statement or signing anything before you have spoken with an attorney, who can preserve the evidence and protect both your health and your claim from the start.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.