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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Missing work after an injury can create an immediate income problem. For some people, the loss ends when they return to work. For others, the injury can affect earnings for months or even longer.
Nevada injury claims may include both wages already lost and, in some cases, reduced future earning capacity. A Las Vegas personal injury attorney can review your medical and income records and explain how Nevada law may apply to your claim.
This guide explains what may count as lost income, how to prove it, what self-employed workers can use as evidence, and how lost wages may be handled during the insurance claims process.
Lost wages are not limited to a missed paycheck. They can include other income you would likely have earned if the injury had not kept you from working.
That may include:
For example, someone who normally earns $1,000 a week and misses four weeks of work may have $4,000 in lost wages, if the time off and normal earnings can be documented.
The amount claimed should match the person’s actual work history, pay records, and medical restrictions.
Lost wages and lost earning capacity cover different financial losses.
|
Type of Loss |
What It Means |
Example |
| Lost wages | Income already missed | Six weeks away from work |
| Lost earning capacity | Reduced ability to earn in the future | An injury prevents a return to the same occupation |
A person can return to work and still have a loss of earning capacity. For example, they may need fewer hours, lighter duties, or a lower-paying role because of ongoing medical restrictions.
Nevada courts recognize reduced earning capacity as a form of damages when there is evidence showing the injury has affected the person’s ability to earn.
A lost wage claim should show what you normally earned and how the injury caused you to miss that income.
Useful records may include:
Nevada employers generally must maintain wage records that include hours worked, gross wages, deductions, and payment dates. Under NRS 608.115, employees may request certain wage information from their employer.
The phrase certificate of loss of earnings usually refers to employer documentation confirming how much work and income an injured employee missed.
It may include:
Nevada does not require one standard personal injury form under this name for every claim.
The state’s workers’ compensation system separately uses a D-8 Employer’s Wage Verification Form. That form applies to workers’ compensation and should not be confused with an ordinary personal injury wage-loss claim.
Self-employed people usually need to show their income through business and financial records rather than an employer statement.
Tax returns, invoices, client contracts, bank statements, profit-and-loss reports, and bookkeeping records can help show what the person was earning before the injury. Canceled projects or work that could not be completed may also support the loss.
The records should connect the drop in income to the injury as clearly as possible. A fall in business revenue alone may not be enough because expenses, seasonal changes, or income produced by other workers can also affect the numbers.
Lost income may be included in a personal injury insurance claim when another party may be responsible for the injury and the wage loss can be documented.
A typical wage-loss claim involves:
An insurer may review whether the missed work was medically necessary, whether overtime or commissions were reasonably expected, and whether the amount matches the supporting records.
Nevada’s comparative negligence law may also affect recovery. UnderNRS 41.141, damages can be reduced based on an injured person’s share of fault.
Some injuries affect earning ability long after a person returns to work. They may no longer be able to do the same job, work the same hours, handle the same physical duties, or move into higher-paying roles.
This is where lost earning capacity becomes different from ordinary lost wages. The question is not how much income has already been missed, but whether the injury has reduced what the person may reasonably be able to earn going forward.
Medical restrictions, past earnings, education, training, work history, and the type of work the person can still perform may all be relevant.
In more serious cases, vocational or economic evidence may also be used to estimate the long-term effect on earnings.
Any future loss should be supported by evidence rather than based on assumptions about what the person might have earned.
Pay stubs, tax records, work schedules, employer verification, medical restrictions, and records of overtime or commissions can help establish your normal earnings and financial loss.
It generally means employer verification of wages and missed work. Nevada does not require one standard personal injury form under this exact name for every claim.
Yes, when supported by records. Tax returns, invoices, contracts, bank statements, and business accounts may help show how the injury affected your actual earnings.
Lost earning capacity is a reduced ability to earn future income because an injury affects your working hours, job duties, occupation, or longer-term career options.
It may depend on whether using paid leave created a measurable financial loss. Keep records showing how much leave was used and why the absence was necessary.
Lost wages are usually easier to document when they involve a clear period away from work. Future earning losses may require a closer review of medical restrictions, work history, and career impact.
If an injury has kept you from working or changed what you may be able to earn, Gina Corena & Associates offers free consultations. Contact us for a free Consultation.
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.
