Detailed Answer — What to know under California law

When you miss work because of emergency room (ER) visits or physical therapy (PT) appointments for a minor neck or back injury, you can typically claim economic damages for lost wages. Under California tort law, a person injured by another may recover compensation for losses proximately caused by the injury (see California Civil Code §3333). For proof of earnings, California labor laws require accurate pay information and wage records employers must keep—these documents are central to proving the amount you lost (see Cal. Labor Code §226 for wage statements).

Two basic steps determine lost-wage damages:

1. Establish the amount you normally earn. Use pay stubs, W-2s, 1099s, tax returns, employer letters, or business records.
2. Show the time you actually missed for medical care and recovery. Use medical records, ER discharge papers, PT attendance logs, physician notes recommending rest, and employer time records.

Below are the commonly accepted calculation methods depending on work status. Use the method that matches your situation and keep supporting documents.

1) Hourly employee

Formula: hourly rate × hours actually missed (including reasonable travel and recovery time if doctor documents it).

Example (hypothetical): You earn $20/hour. You miss 4 hours for an ER visit and 2 hours for a PT appointment. Lost wages = $20 × (4 + 2) = $120.

2) Salaried (exempt) employee

Common approach: convert salary to a daily or hourly equivalent and multiply by days or partial days missed. Use the employer pay policy if it tracks partial-day deductions.

Example: $60,000/year salary. Typical full-time workdays ≈ 260/year (52 weeks × 5 days). Daily value ≈ $60,000 ÷ 260 = $230.77. If you miss one full day for PT, lost wages ≈ $230.77. For a half day, use half that amount.

3) Nonstandard pay (commissions, bonuses, shift differentials, overtime)

Include the average of the variable pay elements if they normally accrue. Use historical paystubs (often 3–12 months) to calculate average weekly earnings and multiply by missed time.

Example: If your paystubs show you normally earn $750/week (including overtime and commissions), and you missed 2 days (≈ 2/5 of a week), lost wages ≈ $750 × 0.4 = $300.

4) Self-employed or gig workers

Calculate lost net income (not gross receipts). Use tax returns, invoices, bank records, and ordinary business expenses to show net daily or weekly income lost.

Example: Monthly net profit of $4,000 and average 22 workdays/month → daily net ≈ $4,000 ÷ 22 ≈ $181.82. Missed 3 PT sessions each requiring half a day → 1.5 days × $181.82 ≈ $272.73.

Partial days, travel, and recovery time

Claim only the time you actually could not work because of medical care and medically necessary recovery. Include travel time to/from appointments and any medically documented recovery time that prevented work. If you were able to do some work remotely at the appointment time, the compensable amount may be reduced.

Future lost earnings

If the injury reduces your future earning capacity, you may claim future lost earnings. Calculating future losses typically requires a vocational or economic expert to estimate loss and convert it to present value. For most minor neck/back injuries that fully resolve, future lost earnings are uncommon.

Tax and net/gross considerations

Damages awarded for lost wages are generally intended to replace what you lost (gross earnings). However, tax treatment varies by the portion of a settlement and by federal and state law. Consult a tax professional about whether to compute awards as gross or net for settlement negotiations.

Statutory references and practical import

California Civil Code §3333 describes compensatory damages for torts and requires compensation for losses proximately caused by the wrongful act. See: Cal. Civ. Code §3333.

For proving wages and hours, California’s wage statement law is often useful because pay records and wage statements provide direct evidence of your earnings. See: Cal. Labor Code §226.

What a claims adjuster or court will expect

• Clear documentation of your usual earnings.
• Dates and durations of missed work tied to medical records (ER chart, PT attendance, physician notes).
• Evidence you tried to mitigate losses (e.g., seeking employer permission to make up time, using PTO only when necessary).
• If you are self-employed, contemporaneous business records, invoices, and tax returns showing lost profits.

Helpful Hints — Practical checklist to support a lost-wage claim

• Save every pay stub, W-2, 1099, and tax return. These are primary proof of earnings.
• Ask your employer for a written verification of hours/days missed and any lost wages or PTO used.
• Keep medical records: ER discharge, PT sign-in sheets, physician notes showing appointment dates and any work restrictions or recovery time.
• Track exact appointment times, travel time, and time you could not work because of symptoms or treatment.
• If your pay varies, collect several months of paystubs to calculate an average.
• Self-employed? Preserve invoices, bank deposits, contractor records, and receipts for ordinary business expenses to compute net income accurately.
• Try to mitigate losses: request make-up shifts or remote work if reasonable; document the employer’s response.
• Consider getting a written opinion from your treating provider stating that missed time was medically necessary.
• Consult a California attorney if the other side disputes your calculations or offers a settlement that seems low. Attorneys often use accountants or economists to substantiate complex claims.