Partner at AKD Lawyers
Practice Areas: Personal Injury
A car accident can affect your income as much as your health. You may miss days or weeks of work while dealing with treatment, recovery, and appointments.
Louisiana law allows injured people to seek compensation for income lost because of another person’s negligence. Depending on the circumstances, that may include regular pay, overtime, commissions, paid leave, or a reduction in future earning ability.
The amount is only part of the issue. You also need records showing what you earned, how much work you missed, and why the accident kept you from working. A Louisiana car accident lawyer can review the evidence and explain what may be included in your claim.
What Counts as Lost Wages?
Lost wages generally refer to income you would have received if your injuries had not kept you away from work.
Depending on your job, the claim may involve:
- Regular salary or hourly pay
- Overtime
- Commissions and bonuses
- Sick leave or vacation time used during recovery
- Certain employer-paid benefits, such as retirement contributions
Using paid time off does not necessarily erase the loss. Those hours or days had value and may have been available for other personal or medical needs.
The calculation can look different for self-employed people. Freelancers, contractors, and business owners may need tax returns, invoices, contracts, or bank records to establish their usual income.
Why Louisiana Law Allows Wage Claims
Louisiana Civil Code Article 2315 generally allows a person who suffers damage because of another person’s fault to seek damages for that harm. Lost income may be part of those compensable damages when the loss resulted from the accident and related injuries.
The connection between the injury and missed work matters. Medical records can help establish that you were unable to work because of the injuries from the crash.
Your own actions may also affect the amount you recover. For accidents occurring on or after January 1, 2026, Louisiana’s comparative fault rule reduces damages based on a person’s share of fault. A person found 51% or more at fault generally cannot recover damages under La. Civ. Code art. 2323.
What Documents Can Show Lost Income?
Your employer’s records may provide much of the information needed for a wage claim. The documents you need will depend on how you earn your living.
If You Are an Employee
You may use:
- Recent pay stubs
- W-2 forms or other wage records
- An employer statement confirming missed work and pay
- A doctor’s note or other medical documentation
If You Are Self-Employed
You may need a broader set of financial records, such as:
- Previous tax returns
- Profit-and-loss statements
- Invoices
- Canceled contracts
- Client communications
- Bank statements showing regular business income
Medical records matter in either situation. They can help connect your injury to the period when you were unable to work.
| Employment type | Essential proof | Notes |
|---|---|---|
| Full-time employee | Pay stubs, W-2s, employer letter, doctor’s note | Verifies steady pay and missed time |
| Part-time / hourly | Timecards, wage statements, medical proof | Shows average hours and earnings |
| Self-employed | Tax returns, invoices, profit/loss statements | Establishes earnings history |
| Freelancer / contractor | 1099s, client contracts, bank deposits | Confirms ongoing work affected |
How Is the Amount Calculated?
The math is usually straightforward when you have clear records. How you calculate the loss depends on how you are paid.
- Hourly workers: Multiply your hourly rate by the hours you missed. At $20 an hour, 40 missed hours equals $800.
- Salaried employees: Divide your yearly salary by 2,080 hours, then multiply that rate by the hours missed. A $52,000 salary works out to $25 an hour, so 40 missed hours equals $1,000.
- Commission or bonus earners: Past earnings can help show what you would normally have made.
- Self-employed workers: Tax returns, invoices, and business records can help compare your income before and after the accident.
If the injury affects how much you can earn in the future, you may also have a claim for lost earning capacity. That can involve looking at your expected income over time, rather than simply counting the days you missed work.
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How Do You File a Lost-Wage Claim?
Tell the insurance company that you are seeking compensation for lost income and keep the records supporting the amount.
The insurer may ask for:
- Proof of your normal earnings
- Dates you were unable to work
- Medical documentation
- Confirmation from your employer
- Financial records if you are self-employed
When another driver causes the accident, the claim may be made through that driver’s liability insurance. There is also a time limit for bringing a lawsuit. For injuries from crashes occurring on or after July 1, 2024, Louisiana generally provides two years from the date of injury under La. Civ. Code art. 3493.11. See the Louisiana prescriptive period for more information.
Save copies of every document you send or receive. A wage claim can involve information from several places, including your employer, doctors, accountant, and insurer.
What Can Make a Claim Difficult?
Problems often arise when the records do not line up. For example, the amount claimed may not match the person’s pay records, or the medical records may not explain why they could not work during a particular period.
Some common problems are:
- No medical documentation for the time missed
- Incomplete pay or tax records
- Delays in reporting lost income
- Estimates instead of financial records for self-employed workers
- Assuming every type of income is automatically recoverable
Dates are especially important. Your medical records, employer records, and wage calculations should tell the same basic story about when you stopped working and why.
Frequently Asked Questions
What income can I claim after a car accident?
Depending on the circumstances, a claim may include regular wages, salary, overtime, commissions, bonuses, or paid leave used because of the injury.
Can self-employed people recover lost income?
Yes. They may need financial records showing what the business or individual normally earned before the accident.
What if I can work but earn less than before?
A lasting injury that reduces your ability to earn may support a claim for lost earning capacity. The calculation is different from wages already missed.
What records should I keep?
Hold on to anything that shows your income and the time you were out of work. That can include pay stubs, tax returns, timecards, employer records, and medical records.
Can my own fault affect what I recover?
Yes. Louisiana looks at each person’s share of fault. For crashes on or after January 1, 2026, being more than 50% at fault generally means you cannot recover damages.
Get Help With a Lost-Wage Claim
The income you miss while recovering can become a significant part of your accident claim. The right records can make it easier to establish what you lost and why.
Alvendia, Kelly & Demarest Law Firm can review your wage records, medical documentation, and other accident-related evidence.
Call (504) 200-0000 for a free consultation. No fee unless we win. Clients may be responsible for costs. –Reach out today.
Reviewed by Roderick “Rico” Alvendia, Partner at Alvendia, Kelly & Demarest Law Firm.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
