Lost Wages After a Spinal Cord Injury: What You Need to Know

A spinal cord injury (SCI) can be a life-altering event, impacting not only a person’s physical health but also their financial stability. One of the most significant financial burdens faced by individuals with SCI is the loss of wages and future earning potential. In the first year of health care treatment and living expenses for people with spinal damage ranges from approximately $400,000 to over $1.2 million, depending on the severity. Lifetime costs range from nearly $1.3 million to $5.4 million based on injury severity and the person’s age at the time of injury. Understanding your rights and options for recovering lost income is crucial to securing your financial future after a spinal cord injury.

The Economic Impact of Spinal Cord Injuries

The economic consequences of a spinal cord injury can be devastating and long-lasting. The inability to work, coupled with rising medical expenses and the need for long-term care, can create immense financial strain on individuals and their families.

Loss of Income: Many individuals with SCI are unable to return to their previous employment or may experience reduced earning potential. Statistics show that only 11.7% of people with a spinal cord injury are employed one year after the injury. At 20 years post-injury, the figure is 35.2%.
Increased Expenses: The costs associated with living with an SCI are substantial and ongoing. These include medical treatments, rehabilitation, assistive devices, home modifications, and long-term care.

Calculating Lost Wages: A Crucial Step

Calculating lost wages is a critical step in seeking compensation after a spinal cord injury. This involves assessing both the income already lost and the potential future income that will be lost due to the injury.

Past Lost Wages: This refers to the income you have lost from the time of the injury until the present. It includes wages, salary, bonuses, commissions, and other employment benefits. To calculate past lost wages, gather documentation such as pay stubs, tax returns, and employment records.
Future Lost Earning Capacity: This is a more complex calculation that involves estimating the income you would have earned in the future if the injury had not occurred. It takes into account factors such as your age, education, work experience, occupation, and potential for career advancement. Vocational experts and economists may be needed to provide expert testimony on your future earning capacity.

Factors Affecting Lost Wage Compensation

Several factors can influence the amount of compensation you may receive for lost wages after a spinal cord injury:

Severity of the Injury: The more severe the injury, the greater the impact on your ability to work and earn income. Higher-level injuries, such as cervical spinal cord injuries, generally have a more substantial impact on earning potential.
Pre-Injury Occupation: Your pre-injury occupation will determine the impact on your future earning potential. If you worked in a physically demanding job, you may be unable to return to that occupation.
Education and Skills: Your education and skills will affect your ability to find alternative employment. Individuals with higher levels of education and specialized skills may have more job options available to them.

Vocational Rehabilitation: A Path to Regaining Employment

Vocational rehabilitation is a process that helps people with disabilities prepare for, find, and maintain employment. It can be a valuable resource for individuals with SCI who are seeking to return to the workforce.

Assessment: Vocational rehabilitation counselors will assess your job interests and skills, academic abilities, personal traits, and physical capabilities as related to work.
Planning: They can help you set career goals and define ways to achieve these goals.
Training and Skill Development: Depending on your goals, you may need additional training or certifications. Vocational rehabilitation programs often provide on-the-job training, technical courses, and simulated work environments.
Job Placement: Vocational services that actively engage individuals with SCI in job seeking and acquisition and that provide on-the-job support are more likely to lead to employment.

Legal Options for Recovering Lost Wages

If your spinal cord injury was caused by someone else’s negligence, you may be entitled to compensation for your lost wages and other damages through a personal injury claim or lawsuit.

Damages Available: Compensation for victims of SCIs can include medical expenses, lost wages, future earnings, pain and suffering, and other damages.
Legal Assistance: Navigating the legal complexities of a spinal cord injury case can be overwhelming. A personal injury lawyer can provide the guidance and support you need. They can gather evidence, negotiate with insurance companies, and represent you in court.

The Importance of Documentation

Supporting a claim for lost wages demands thorough and organized documentation.

Medical Records: Detailed medical records documenting your diagnosis, treatments, and prognosis are essential.
Employment Records: Gather pay stubs, tax returns, and employment contracts to document your past earnings.
Expert Testimony: Vocational experts and economists can provide expert testimony to support your claim for future lost earning capacity.

Long-Term Financial Planning

In addition to seeking compensation for lost wages, it is essential to develop a long-term financial plan to manage the costs associated with living with a spinal cord injury.

Budgeting: Create a budget that prioritizes essential expenses and identifies areas where you can reduce spending.
Financial Assistance Programs: Explore available financial assistance programs, such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Long-Term Care Insurance: Consider purchasing long-term care insurance to help cover the costs of future care needs.

Seeking Legal and Financial Guidance

Dealing with the financial aftermath of a spinal cord injury can be challenging. Seeking guidance from experienced legal and financial professionals can help you navigate the process and secure your financial future. Contact a qualified personal injury attorney and a financial advisor to discuss your options and develop a plan that meets your specific needs.