An accident can leave you reeling. The bills are continuing to pile up and your injuries are keeping you out of work. How in the world are you supposed to make ends meet when you’re not receiving a paycheck? When your injuries are keeping you out of work, you may be able to claim loss of income.
However, navigating Oklahoma’s loss of earning laws isn’t always easy. From figuring out which type of lost income you’re claiming to establishing proof, these various laws can leave you scratching your head. This means you probably have a list of questions and we may have the answers.
Common Questions About Oklahoma Loss of Income Rules
The Sooner State categorizes lost income as claimable damage under Statute 23 O.S. Statutes 61 and 61.2 also cover the types of lost wages and income you can claim after an accident. However, don’t get too excited about recovering lost wages every time you’re involved in an accident. The statutes have a key standard you must meet. You must show the accident is caused by the defendant’s negligence.
Even when you can show negligence, navigating loss of income rules is rarely a piece of cake. You’re probably still going to have plenty of questions that may include the following.
What Types of Lost Income Can I Claim in Oklahoma?
Lost income is typically divided into a few categories, each one with a few subdivisions.
- Regular salary. Along with your hourly or salaried wage, this can also include tips, commissions, bonuses, and overtime pay. You may also be able to claim benefits like your sick or vacation pay. However, you can only claim benefits if the injury is the reason you used the paid time off.
- You can claim the income you earn if you’re self-employed. This is usually based on your average annual wages.
Some personal injuries also list lost earning capacity. Don’t confuse this with loss of income. Loss of earning capacity refers to your future potential income. When your injuries are catastrophic, returning to work is pretty much impossible. In this case, you may be able to recover some of the wages you realistically expected to earn in the future.
How Can I Prove My Lost Income?
Even though navigating the law can be a little tricky, proving lost earnings is usually simpler. Here’s a quick look at some of the ways you should be able to prove your lost income:
- Pay stubs and tax returns to provide evidence of your past earnings.
- Employment records from your employer showing your hours worked and wages earned.
- Medical records to demonstrate the extent of your injuries and how they’ve impacted your ability to work.
Sometimes you may need to bring in expert testimony from an economist or an earnings specialist in your field. This usually happens when you’re estimating your lost current and potential future earnings.
Will a Pre-Existing Injury Affect My Loss of Income Claim?
Your lost income claim shouldn’t be affected just because you have a pre-existing condition. The eggshell skull rule helps ensure defendants are still liable for damages that may be worsened by the plaintiff’s pre-existing condition. Yep, the doctrine covers just about any physical and mental health condition you can come up with.
So, if you have brittle bone disease and break your leg in a minor fender bender, your damages can’t be reduced simply because your injuries are more severe than the accident typically justifies. Taking it a bit further, if your broken leg is keeping you out of work you shouldn’t have a problem claiming loss of income.
Can I File for Lost Earning Capacity If I Don’t Have Any Work History?
Without a work history, you can’t claim lost current income. You sort of need to be working to claim lost current income. Things are a little different when it comes to lost earning capacity. Remember, this is the income you may earn in the future. Since we’re talking about the future you’re not going to have a supporting work history.
Instead, you use your training, education, and skill set to prove what you may earn on average in the future. So, yes, you can claim future lost income even if you’re currently unemployed.
Will Employment Gaps Lower My Potential Compensation Amount?
The answer to this question is both yes and possibly no. Employment gaps can potentially reduce your lost future earning potential. The insurance adjuster or court may look at these gaps as a habit. Meaning, that your history can indicate you’re likely to take a break from work in the future. This can mean receiving less for your lost potential earning capacity claim.
Employment gaps often don’t have any effect on lost current earnings. All that really matters is you’re working at the time of the accident. This type of compensation is typically based on your average annual earnings so just have your pay stubs from the last year ready to go.
What Happens to My Claim If I’m a Seasonal Worker?
Seasonal workers are common in Oklahoma at specific times of the year. Since the keyword is seasonal, you’re probably not going to have pay stubs for an entire year. So, does this mean you can’t claim loss of income? The answer may be no. There’s a chance you can still recover compensation using data from previous seasons.
Submitting things like pay stubs, contracts, and tax returns can help establish your potential average seasonal earnings.
Can I Include Non-Traditional Benefits as Lost Earnings?
Non-traditional benefits like equity and stock options pop up occasionally in personal injury claims. You may be able to list non-traditional benefits as a loss of income. This can be complicated so it’s usually best to work with an experienced Oklahoma personal injury attorney. If you can claim non-traditional benefits, chances are you’re limited to the value at the time of the accident.
Trying to figure out if you can claim lost earnings isn’t easy and you haven’t even started trying to estimate its value. To help make the process a little simpler, try working with an experienced accident attorney.
