How to Seek Compensation for Lost Income or PTO Due to a Georgia Car Accident

What happens if you’re unable to work because of your injuries? Can you recover lost wages after a Georgia car accident? The answer is yes, but it may not be as easy as you think. Keep reading to learn more.

Key Points:

• Under Georgia law, you may be entitled to damages for lost income and future earning capacity if you’ve been injured due to another’s negligence.
• Payroll statements, paycheck stubs, bank records, and a verification from your employer stating your position and monthly income will provide evidence of your earnings before the accident.
• Lost income isn’t limited to hourly or salaried jobs; it can also include bonuses, commissions, freelance, and independent contract work.

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If you’ve recently been injured in a car accident in Georgia and are now unable to work, you may be wondering what your options are, both now and in the future. Whether you work full-time, part-time or are self-employed, Georgia law allows injured drivers to seek compensation for missed paychecks, paid time off, and even future income they may no longer earn due to injuries.

Understanding Georgia law, finding evidence to support your lost income, and taking the proper steps after your car accident can strengthen your case and improve your chances of recovering the full amount you’re owed.

What is Considered “Lost Income?”

Lost income isn't limited to missed paychecks. It can include a full range of losses tied to your ability to work, now and in the future. Any money you would have earned without being in the crash can be considered part of your claim. This can include:

• Missed work days while you were recovering from the accident
• Future missed income if you can no longer work or if you have to reduce your working hours
• Lost opportunities such as bonuses or extra shifts
• Used PTO or sick days that you had to utilize due to the accident
• Missed freelance or contract work if you are self-employed or work across multiple jobs

Losses can add up quickly; even if you’re still technically employed, you can still suffer financial burdens.

What Georgia laws govern or control claims for lost income?

When making or pursing a claim for lost pay, it is important to know that Georgia Courts require that the victim prove lost wages "with reasonable certainty" and that damages must not be based on speculation. See, Mathis v. Copeland, 139 Ga. App. 68 (1976).

How Can I Prove Lost Income?

If someone else caused the accident, you have a legal right to pursue compensation for lost income. Lost wages are considered ‘economic damages’ in your personal injury claim. You’ll need to prove that the accident caused your injuries, that your injuries kept you from working, and that you suffered financial losses because of it. To prove your claim, you or your personal injury attorney will need the following knowledge:

If You're a Georgia employee, what evidence can prove lost income?

• Your recent pay stubs or W-2s
• Recent tax returns showing your income history
• A letter from your employer confirming your role, pay, missed time
• Your company’s PTO / sick day policy if you had to use your vacation or sick time

If You’re a Self-Employed person in Georgia, what evidence can be used to prove lost pay?

• Invoices for missed assignments or jobs
• Bank statements showing previous payments
• Tax returns and 1099s to prove average income
• A profit and loss statement showing how your income changed after the accident

If you’re self-employed, Georgia courts may require documentation that proves that proves a consistent pattern of income before the accident. In several cases, Georgia Courts have ruled that specific evidence is required beyond general assertions that you lost a future or upcoming business opportunity. In addition, you may be allowed to bring in an accountant or an expert witness to project future losses.

Will Insurance Companies Push Back on Lost Income Claims?

Even if you’re owed lost income, insurance companies can still push back, especially if the cost is high. They may question whether the time you missed was caused by the accident, claim that your injuries aren't severe enough to prevent you from working, or request excessive documentation to support your losses. Insurance companies may even argue that your PTO days should not be counted or that you could have already resumed work.

These tactics are designed to reduce their financial responsibility, so it’s critical to keep documentation of all of your records and clearly explain how your injuries from the car accident have affected your ability to work.

How Does Reimbursement Work for PTO or Sick Days?

Under Georgia law, using vacation time or sick days while recovering from your car accident is considered a financial loss, as PTO is a benefit you’ve earned, not a gift. If you wouldn't have used that time otherwise, you’ve technically paid for your recovery.

For example, if you had to use two weeks of your earned PTO to recover from injuries sustained by a car accident, that time is no longer available. If the accident hadn't occurred, you could have saved the hours towards vacation time, family events, or other matters. The value of these lost benefits can be calculated using past pay records or other documented methods and included as part of your settlement.

What Happens if Your Ability to Work Is Permanently Affected?

If your car accident in Georgia was serious and left you with severe injuries, it’s possible that your long-term career could be affected. You might not be able to do the same work you did before or may not be able to work at all. In this case, you can recover compensation for your:

• Loss of future earnings
• Long-term disability
• Career transition needs if you’re unable to do the same job

To prove the above, Georgia courts may require you or your personal injury attorney to bring in experts to testify about your condition, explain how your injury affects your career, and help calculate your projected lost income. Calculating these damages can be complicated, but accurately accounting for future financial needs is critical to securing long-term stability.

How do I Recover Income from Freelance and Contract Work?

In Georgia, lost income from freelance work, such as driving a rideshare, delivering groceries, and contract work, is treated the same as any other form of income as long as it is legitimate and ongoing. Since freelance and contract work may not be continuously tracked through traditional payment methods, such as standard paychecks or pay stubs, and because you have the burden of proving with "reasonable certainty" how much income was lost, you will want to gather app payout histories, invoices, bank deposits, and contracts to show a consistent pattern of earning.

You’ll also need to show how your car accident directly prevented you from doing your work. The clearer you can show the connection between your missed work and your injury, the stronger your claim.

Important Steps to Take If You Miss Work After Your Car Accident in Georgia

The steps you take immediately following your car accident injury can affect your ability to recover your lost income:

• See a doctor: Get medical care and make sure your injuries are documented. Medical records will need to show the connection between your injury and the accident and support your inability to work.
• Notify your employer: You should tell your supervisor or HR department as soon as possible and inform them of the accident, your injuries, and how long you might need to be out. Keep records of all communication.
• Document all pay records: Keep track of all recent paychecks, W-2s, tax returns, and any additional documentation that shows your earnings before the accident. Make a note of any missed freelance or contract work.
• Track your PTO use: If you have to use any sick time, vacation days, or other forms of PTO while recovering from your injury, note exactly how much you had to use and when. This time can be counted as part of your lost income.
• If you are self-employed: You will need to begin gathering past personal and business tax returns, business records, banking deposit records, and profit and loss statements from your ongoing business venture.
• Speak with a personal injury attorney: Speaking with a personal injury attorney can help you sort through complex processes, find the proper documentation, negotiate with insurance companies, and position yourself best for your claim.