The Missing Days

The Missing Days: Documenting Lost Income

Tom totals medical bills while overlooking missed paychecks. The fictional scene introduces another possible loss, but it does not establish that every missed workday is compensable. A real claim needs a supported explanation of what income was lost and why.

Identify the income question

The State Bar's personal-injury damages instructions include past lost earnings and diminished future earning capacity when supported by evidence. Those are different questions: wages already missed versus an injury's effect on future earning ability. Neither is established simply by adding a daily amount to every date since the crash.

Match dates to supporting records

Create a dated list of missed shifts, reduced hours, and any changed duties. Keep pay statements, schedules, employer communications, and relevant medical work restrictions. Explain whether the absence involved treatment, an inability to perform the job, or another reason. Record hours actually worked too. If paid leave or other benefits covered an absence, identify that accurately for legal review.

Make variable earnings understandable

If you work for yourself or receive commissions, gather records showing the usual pattern and the specific work affected. Separate canceled work from work merely postponed, and revenue from expenses associated with earning it. A spreadsheet can organize the calculation, but retain its supporting documents. Discuss uncertainty openly rather than selecting only the highest earning week as the baseline.

Questions this episode raises

Are medical bills the only possible economic loss?

No. Lost earnings may also be relevant, but the amount and relationship to the crash must be supported. The available claim and coverage affect the evaluation.

What should an employer's note explain?

Useful information includes normal duties, scheduled and missed hours, pay rate, and any modified work. Medical providers address medical restrictions; employers can confirm workplace and pay facts.