Understanding Lost Wages After a Minor Neck or Back Injury (Colorado)

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Colorado attorney.

Quick answer

Lost wages = the money you actually lost because you missed work for emergency care and physical therapy (ER visits, PT appointments, travel and recovery time). Calculate it by documenting hours or days missed, converting them to gross pay using your usual pay method, and adding lost overtime, commissions, or benefits that the claimant can prove. Colorado law has time limits for bringing claims, so preserve records and act promptly (see C.R.S. §13-80-102).

Detailed answer: step-by-step calculation

1) Determine which claim type applies

Your calculation approach depends on the legal context:

If the injury is from a car crash or another person’s negligence, you pursue lost wages in a personal-injury claim against the responsible party or their insurer.
If the injury occurred at work, Colorado workers’ compensation rules apply and wage-loss benefits are calculated under the workers’ compensation statutes (Title 8). See Colorado’s workers’ compensation provisions for more detail.

Links: Colorado Revised Statutes (general access): leg.colorado.gov (CRS PDF).

2) Gather the evidence you will need

A clear paper trail is essential. Collect:

Pay stubs showing gross pay and hours for the pay periods before and after the injury.
A letter or statement from your employer confirming dates and times you missed and the wage rate (signed and on company letterhead if possible).
Time cards, schedule records, or payroll reports showing hours actually worked and missed.
W-2s, 1099s, or tax returns if you are salaried, paid irregularly, or self-employed.
Medical records that show appointment dates and times (ER records, PT notes, physical-therapy attendance logs).
Receipts or logs for mileage and travel time if you plan to claim travel time as lost work time.

3) Calculations for common employment types

Hourly employees

Formula: missed hours × regular hourly rate = lost wages for straight time.

Include:

Missed scheduled hours due to ER or PT appointments.
Lost overtime: calculate overtime according to how your employer pays (e.g., 1.5× for hours over 40 as applicable).
Tips and commissions if those were lost and you can prove amounts (credit card receipts, tip reports).

Salaried employees (exempt or regularly salaried)

Convert salary to a daily or hourly rate. Two common methods:

Daily rate = annual salary ÷ 52 weeks ÷ typical workdays per week (commonly 5).
Hourly equivalent = annual salary ÷ total annual work hours (e.g., 2,080 for 40 hrs × 52 weeks).

Then multiply the rate by the number of full or partial days missed. If you missed only part of a day, prorate (hours missed ÷ usual hours per day × daily rate).

Self-employed or gig workers

Use your average historical earnings. Common approaches:

Average daily or weekly income from tax returns or business records (e.g., revenue for prior 3–6 months ÷ workdays).
Invoice records showing work you could not complete due to appointments. Subtract expenses that you did not incur because you did not work that day to estimate net loss.

4) What counts as “time missed”?

Time spent at the ER or at physical therapy that conflicts with work hours—count those hours as missed work.
Reasonable travel time to and from appointments during your usual work hours—count if you would otherwise be working.
Recovery time during a workday (for example, you went to the ER and could not return to work).
Do not include non-work-related activities or appointment time outside your normal work hours unless your job required you to be available then.

5) Taxes, benefits, and paid leave

Lost-wage claims generally focus on gross wages you would have earned. Things to note:

If your employer paid you sick leave, vacation, or short-term disability for those hours, insurers may reduce the loss by the amount you were actually paid. Track whether you used paid leave and whether you were fully compensated.
Employers’ contributions to benefits (401(k) match, health insurance premiums) are usually not recoverable as lost wages in a small claim, though loss of fringe benefits can be part of larger lost-earning-capacity claims.
How payments are taxed does not change how you document gross wages, but keep gross figures clear in your calculations.

6) Prepare a clear lost-wage summary for your claim

Format your packet so an adjuster or lawyer can review quickly:

Summary page with total lost wages and the math (show formulas).
Attach pay stubs and employer verification with dates missed highlighted.
Attach medical records and appointment attendance confirmations.
Attach tax records or invoices for self-employed calculations.
Include copies of any paid leave payouts (sick/vacation) the employer paid during absences.

Colorado-specific practical notes

Statute of limitations: For most personal-injury claims, Colorado’s general statute of limitations is short — typically two years from the date of injury. See Colorado’s civil statutes for the governing provision (C.R.S. §13-80-102). If you delay, you risk losing the right to sue. Link: Colorado Revised Statutes (CRS) (see Title 13, civil actions).

If your injury occurred at work, workers’ compensation procedures control. Report the injury promptly, follow the employer’s reporting requirements, and preserve treatment records. Workers’ compensation wage-loss benefits and formulas are in Title 8 of the Colorado statutes; you may need help from a workers’ compensation attorney or the Division of Workers’ Compensation if there is a dispute. Link: Colorado Revised Statutes (CRS), Title 8.

When to consult an attorney

Consider talking to a Colorado personal-injury or workers’ compensation lawyer if:

The insurer denies the wage claim or disputes your documentation.
Your lost wages are substantial (you estimate significant earnings loss or lost earning capacity).
You are unsure how to calculate losses as a self-employed person or how to include overtime, tips, or bonuses.
There are multiple sources of payment (employer, auto insurer, workers’ comp) and parties argue about who pays.

Helpful Hints

Start documenting immediately: keep appointment cards, time-stamped records, and take photos of paperwork if necessary.
Get an employer statement early—many disputes are resolved fast when an employer confirms dates and pay rate.
If you use paid leave, track whether you were paid—many insurers will credit you for paid leave received.
For partial days, always prorate by hours missed rather than rounding up to full days when possible.
Self-employed? Use consistent historical averages (3–12 months) and back them up with tax returns or invoices.
Keep originals and provide copies to insurers or attorneys on request; always keep a personal copy of every document you send.
Act quickly to preserve rights—Colorado’s statute of limitations can bar late claims. See C.R.S. §13-80-102 (civil actions).

If you want, I can walk through a concrete example with numbers (hourly, salaried, or self-employed) or draft a simple lost-wage worksheet you can fill in and present to an insurer or employer.