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It is required that one maintains complete record to claim loss of wages. Record of the hourly wage and the number of days one was unable to work may be enough for one to make a claim for lost wages if one is working in a company. However, if one is self-employed, record should be maintained of the expenses that were incurred to hire help to complete the tasks that one was supposed to do while undergoing medical treatment and/or recovering. One should also maintain medical authorization forms from the insurance company and employment authorization forms. Below are a few questions that have been answered regarding loss of wages: If a company accuses a person who is delivering milk of stealing doughnuts costing $0.99 and do not agree to review the camera evidence; what options does this person have?
Filing a slander suit is one of the many options. However, this is a hard suit to win. Another option would be request the employer to have a word with the company where the milk is being delivered. Else, one may also request the employer to make a change to the location where one needs to deliver the milk. This may not have an impact on the commissions that one is eligible for. In the event that one is an at-will employee, he/she may be terminated without giving a reason. One will experience loss of wages, both past and future. It is not complicated to calculate the past wages, but it is difficult to calculate future wages. This is because the general opinion of the judge or jury is that the employee will be able to find another job and that the total amount of future loss will not be granted. Attorney fee is also a category of damage. The employee stands to lose many benefits the employer may offer and this is the next category of damage. These differ from one company to the other and may include: insurance value, company’s contribution to retirement, value of stock options or stock matching plans, life insurance, company cars, free food, discounts on merchandise, etc. The employee who was terminated unjustly may be eligible to receive compensation for emotional distress or mental anguish and any psychologist’s bills due to the above. It is very uncommon for these to be granted, but it is not something that may not happen. Consider a situation where a person’s mother has loaned money to him/her. Can this person file a case against the mother for loss of wages, threats, and harassing visits to his/her business?
The business is a separate entity. Therefore, one will not be able to file a case on behalf of the business as stated above. However, one may file a case of “Intentional Interference with Business Relations”, with the business as the plaintiff. The case must allege facts that reveal some protectable right – a forthcoming economic or contractual relationship. It is not required that the right compare with that found in the enforceable contract, there should be claims of fact giving rise to some “reasonable expectation of economic advantage”. Then the complaint must show facts indicating that the interference was done on purpose and due to spite. Finally, one should be able to show that the interference led to loss of a possible gain and had there been no interference one could have received economic benefits. A person is temporarily disabled and has a letter from the doctor to this effect. Is it possible for the insurance carrier to deny the wage loss claim?
The insurance carrier may not deny the claim for wage loss, but before the claim is granted they may have their doctor examine the person to ascertain the medical condition. However, if the results of the examination do not substantiate the claim; then they may deny it. A lawyer who was handling the wage loss claim of a person asked for $2,000.00 per the 1/3 contingent fee agreement. Should contingent fee be paid on wage loss claim as well?
In the event that a case is won, a contingent fee is paid as the lawyer’s fee. The lawyer may be entitled to the fee only if the case was won or favorably settled out of court. A percentage of the net recovery is paid as contingent fees. It the agreement stated that the fee would be 1/3 of the total recovery and the total recovery was $6000.00; then the contingent fee would be $2,000.00. Due to the complexity of the calculating of the wage loss, it would be wise to ask an employment lawyer to answer your questions so you can ensure that all benefits (for which one is eligible for) are received.
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