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Trial Attorney at Gina Corena & Associates
Practice Areas: Personal Injury
Suffering an injury is not just about physical pain—it can disrupt your entire life. Beyond dealing with medical treatments, you may find yourself unable to work, missing paychecks, and worrying about how to cover your expenses. Losing income because of an accident can add financial stress to an already difficult situation, making it crucial to understand your rights and options for recovering lost wages.
If your injury prevents you from working, you may be entitled to compensation for lost wages, regardless of whether you were a full-time employee, part-time worker, freelancer, or self-employed. However, proving lost wages and successfully recovering them requires proper documentation, an understanding of Nevada’s laws, and sometimes legal assistance.
This guide will help you navigate the process of recovering lost wages after an injury, whether caused by a car accident, workplace incident, or another personal injury case. We’ll cover what lost wages include, how to prove your claim, Nevada’s specific laws, and the steps you need to take to maximize your compensation.
Lost wages refer to the income you miss out on because of your injury. If your accident prevents you from working, you may be eligible to recover:
For example, if you were a construction worker injured on-site, you could claim compensation for missed shifts, overtime, and even potential contract opportunities you lost due to your injury.
To successfully claim lost wages, you need solid proof that you were unable to work due to your injury. This includes:
“To recover lost wages, an injured party must show medical evidence linking their inability to work directly to their injuries, as required by Nevada personal injury laws.”
Without proper documentation, insurance companies may try to undervalue or deny your claim.
Construction workers often face unique challenges when seeking lost wages. Since many work on contracts or rely on hourly pay, missing work can severely impact their income.
If you were injured on a construction site, you may be able to claim lost wages from:
In some cases, multiple parties, including property owners, general contractors, and subcontractors, can be held liable. Therefore, it is critical to consult an attorney for lost wages to maximize your claim.
In Nevada, the law allows injured victims to recover lost wages as part of their personal injury settlement. However, comparative negligence laws may affect the amount you receive
“Under NRS 41.141, Nevada follows a modified comparative negligence rule, which means an injured party can recover lost wages as long as they are less than 50% at fault for the accident.”
This means that if you were partially responsible for the accident, your compensation will be reduced based on your percentage of fault.
Additionally, Nevada law sets a two-year statute of limitations for personal injury claims, so you must file your claim within two years of the accident to recover lost wages.
When filing a personal injury claim, lost wages are just one part of your overall compensation. Depending on your case, you may be eligible for:
| Type of Compensation | Who Qualifies? | How It’s Calculated |
| Hourly/Salaried Wages | Employees (Full-Time & Part-Time) | Based on average hourly wage x missed workdays |
| Overtime Pay | Employees eligible for overtime | Past overtime earnings as proof |
| Commissions & Bonuses | Sales professionals, contractors | Requires commission records & employer verification |
| Self-Employment Income | Freelancers, contractors | Tax returns, bank statements, client invoices |
| Future Lost Wages | Long-term disabilities | Expert testimony & medical evidence |
| Workers’ Compensation Benefits | Employees injured on the job | Pays 66.67% of wages under Nevada law |
If your injury results in a permanent disability, you may also be eligible for reduced earning capacity compensation, which accounts for the future income you will lose due to your injury.
Insurance companies are not eager to pay claims for lost wages. To improve your chances of success:
Recovering lost wages is not always easy, but with proper evidence and legal representation, you can secure the compensation you deserve.
Yes. Under Nevada’s comparative negligence law, you can recover lost wages as long as you were less than 50% at fault for the accident. However, your compensation will be reduced by the percentage of your fault.
Self-employed individuals must provide invoices, tax returns, business records, and client contracts to prove lost income. Working with an attorney can help establish an accurate calculation.
Yes. If your injury has permanently reduced your ability to work, you may be eligible to recover lost earning capacity, which compensates for future income losses. This often requires expert testimony.
Insurance policies vary, but in many cases, personal injury claims against an at-fault party can include lost wages. If the injury occurred at work, workers’ compensation benefits will cover a portion of your lost wages.
In Nevada, the statute of limitations for personal injury claims is two years from the date of the accident. Claims involving workers’ compensation may have different deadlines.
If your employer does not cooperate, you can use tax returns, bank statements, and past pay stubs to prove your lost wages. An attorney can also assist in obtaining employer verification.
Recovering lost wages after an injury is possible, but it requires substantial evidence and a clear understanding of the law. If you’ve been injured and can’t work, you may be able to recover compensation for:
However, dealing with insurance companies, proving financial losses, and navigating Nevada’s comparative negligence laws can be overwhelming, mainly when focusing on recovery. Legal guidance can make a significant difference.
At Gina Corena & Associates, we specialize in helping injured individuals recover the full compensation they deserve, including lost wages and medical expenses. Our experienced legal team can help you gather the necessary proof, negotiate with insurance companies, and fight for your rights.
If you or a loved one is struggling with lost income after an accident, don’t wait to take action. Contact Gina Corena & Associates today for a free consultation to discuss your case and learn how we can help you get back on your feet financially.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
