How are lost wages calculated in a New York Personal Injury claim?
What you need to know
A serious injury does not just cause physical pain — it can wipe out your income for months or permanently. New York law provides two separate paths to recover lost wages.
No-Fault Lost Wage Benefits
Under Insurance Law §5102(a), your no-fault insurer pays 80% of your gross lost earnings, up to a maximum of $2,000 per month for up to three years. To qualify, you need documentation from your employer and a treating physician certifying you were unable to work. Self-employed people can use tax returns and accountant letters.
Excess Lost Wages in a Third-Party Lawsuit
If your actual lost income exceeds the no-fault cap — for example, you earned $5,000 per month and can only get $2,000 from no-fault — you can recover the excess $3,000 per month as an economic damage in your third-party lawsuit, without any cap.
Proving Lost Wages
You will need:
- Pay stubs and W-2s from the year before the accident
- Employer letter confirming dates and rate of pay
- For self-employed workers: tax returns, 1099s, business bank statements
- Medical documentation confirming inability to work
Future Lost Earning Capacity
If your injury permanently limits your ability to work — including taking a lower-paying job — an economic expert calculates the present value of your future earning loss using your age, occupation, education, and wage growth projections. Construction workers with permanent injuries under Labor Law §240 frequently have significant future lost earnings claims.
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Brian M. Mittman, Esq.
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Call 866-205-2415 Schedule with Brian- Admitted in New York
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Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
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Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
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Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
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Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
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