An Overview of How Lost Wages Are Calculated
When you’re injured and unable to drive, your income can disappear overnight. For many professional truck drivers, the stress doesn’t just come from medical bills—the loss of wages makes it hard to support their families.
At Hurt Trucker Attorneys, we understand how often truck drivers underestimate the full value of their claims. This leads to missed compensation that could have kept them financially stable.
Lost wages are often the most significant part of your compensation after an accident. However, calculating lost wages is not straightforward. Most truck drivers don’t earn a flat hourly rate. Your income may come from payment per mile, per load, percentages, bonuses, or per diem allowances. All of these must be included in your claim. If you don’t account for these earnings, insurance companies will take advantage and settle for far less than you deserve.
Whether you are the injured driver, a family member, or someone assisting with the claim, knowing what types of income should be included and how to prove them is essential. At Hurt Trucker Attorneys, we have fought for injured Missouri truck drivers for over 40 years. We know how to secure the compensation you deserve and are ready to stand up for you.
Understanding What Constitutes Lost Wages
In Missouri, truck drivers injured in accidents caused by someone else’s negligence can claim compensation for all lost income, not just their base pay. Missouri workers’ compensation laws and personal injury claims allow injured drivers to recover the full value of their lost earnings when another party is responsible for the crash.
Here’s what we include in a complete lost wages claim:
Base Pay or Mileage Rate
Most truck drivers are paid by the mile, by load, or through hourly or salary rates. Some also receive flat rates for specific routes or hauls. We calculate your average weekly earnings by reviewing your payroll records and settlement sheets, usually over the past 12 months. This method ensures we account for any income fluctuations, following Missouri’s approach under RSMo § 287.250 for workers’ compensation claims. Similar rules apply in personal injury cases.
Overtime and Extra Runs
If you regularly took on extra hauls, shifts, or routes, we include these additional earnings in your claim. Missouri courts recognize that “reasonably anticipated income” is part of lost wages. We review driving logs, dispatcher records, and payroll history to show how often you earned extra income and its value.
Performance Bonuses
Many truckers earn bonuses for safety, on-time deliveries, fuel efficiency, and more. If your injury prevents you from qualifying for these bonuses, we’ll present evidence of your performance history and typical bonus amounts to include this loss in your claim.
Per Diem and Expense Allowances
Truck drivers often receive per diem payments for daily expenses on the road. Although these payments are tax-advantaged, they are still part of your total income. Missouri courts allow you to claim these amounts as lost income if your injury prevents you from working.
Benefits and Healthcare Coverage
Losing employer-provided benefits like health insurance, retirement contributions, or life insurance can create significant financial strain. Missouri law allows you to seek compensation for these lost benefits. If you had to purchase replacement coverage while recovering, we would include those costs in your claim.
Lost Opportunities for Advancement
If your injury prevents you from advancing your career, such as handling loads, earning higher-paying routes, or receiving a promotion, you can claim these future earnings losses. We provide evidence, such as certifications, promises of advancement, and witness statements, to ensure this loss is included.
Every trucker’s pay structure is unique, so we take a detailed and personalized approach to calculating lost wages. Whether you are an employee or an independent contractor, we know how Missouri law impacts your claim and how to document your full income accurately.
At Hurt Trucker Attorneys, we are committed to protecting your rights and recovering the full compensation you deserve. Contact us today for assistance.
How to Calculate Current and Future Lost Wages After a Trucking Injury
If a trucking injury prevents you from working, it’s essential to calculate your lost wages accurately. Lost wages often comprise the most significant part of a truck driver’s injury claim. Unfortunately, insurance companies often undervalue these claims, especially for drivers with complex pay structures.
This guide explains how we calculate current and future lost wages and why doing it right is critical to your claim.
Step 1: Calculating Current (Past) Lost Wages
Missouri law allows injured workers to recover their full net income lost between the date of the injury and the date of settlement or verdict. To calculate this, we use the following formula:
Average Weekly Earnings Before Injury × Number of Weeks Missed = Current Lost Wages
We determine your Average Weekly Earnings by including more than just base pay. We also factor in:
- Mileage pay or per-load pay (based on past trip records)
- Overtime earnings (using pay stubs and historical logs)
- Performance bonuses (if you’ve earned them before)
- Per diem allowances (even though tax-free, they count as part of your income)
- Employer-paid benefits (if you lose health coverage and need to pay out of pocket)
We usually review 12 to 24 months of pay history to account for seasonal or month-to-month fluctuations. If your income varies significantly, we calculate an average range supported by clear documentation.
We calculate partial wage loss if you’ve returned to work but can only work part-time or in a reduced capacity. We do this by subtracting your actual earnings from what you would have earned at full capacity.
Step 2: Calculating Future Lost Wages
For severe or permanent injuries, future lost wages often comprise the most significant part of your claim. Missouri law allows you to recover future wages if you can prove them with credible evidence. We calculate future lost wages using this formula:
(Projected Annual Earnings Before Injury − Projected Annual Earnings After Injury) × Remaining Work Life Expectancy = Future Lost Wages
To calculate this accurately, we rely on:
- Medical reports that explain how long your disability or restrictions will last
- Vocational assessments that show whether you can return to trucking or need to switch careers
- Wage growth projections and inflation adjustments for the trucking industry
- Testimony from professionals regarding your age and likely retirement date
If you can’t return to work, we calculate your future lost wages based on your total pre-injury earnings. If you can only return to a lower-paying job or work part-time, we claim the difference between your pre-injury and post-injury earning capacity.
Evidence We Use
To support your lost wage claim, we gather strong evidence, including:
- Pay stubs and tax returns (covering at least 2–3 years)
- Mileage logs, bonus statements, and per diem records
- Medical records that link your injury to current work restrictions
- A vocational expert reports on your ability to work
- Economic expert reports showing wage projections and inflation adjustments
At Hurt Trucker Attorneys, we understand the complexities of trucking pay structures and how to build strong wage loss claims. We work tirelessly to ensure injured Missouri truck drivers and their families recover every dollar they deserve.
How to Maximize Your Compensation Claim
Insurance companies often undervalue lost wage claims in trucking cases. They use tactics to reduce payouts, but Missouri law entitles injured truck drivers to recover their full lost past, present, and future earnings. Depending on your situation, these earnings can be claimed through personal injury lawsuits or workers’ compensation benefits.
At Hurt Trucker Attorneys, we know how insurance companies work to minimize claims. We use strong evidence, expert reports, and proven legal strategies to fight back and protect your financial future.
Common Insurance Tactics—and How We Fight Them
Some of the most common tactics used by insurance companies include:
- Using Low-Earning Pay Periods: Insurers often cherry-pick your lowest-earning months instead of calculating your “customary and usual” wages, as required under Missouri law. We counter this with detailed pay records covering at least 12–24 months to reflect your actual earning average.
- Disputing Employment Status: For owner-operators or independent contractors, insurers may argue you aren’t a proper “employee” and deserve less compensation. We use Missouri law, including RSMo § 287.020(1), to prove your employment status and full earnings history.
- Excluding Bonuses and Per Diem: Under Missouri law, bonuses, incentive pay, and per diem are part of earnings. We argue that these must be included in lost wage calculations.
- Forcing Early Return to Work: If insurers pressure you to return before you’re medically ready, they may violate Missouri workers’ compensation laws. We use medical professional testimony to ensure you have time to fully heal before resuming work.
- Ignoring Future Wage Loss: Missouri law allows you to recover for loss of future earning capacity if supported by evidence. Insurers often downplay or ignore this. We bring vocational experts and economists to present a complete picture of your long-term income loss.
Pursuing All Liable Parties
Liability in trucking cases often involves more than just the driver or trucking company. Under RSMo § 537.060, we pursue claims against all responsible parties, including manufacturers of defective parts, brokers, shippers, and maintenance providers. When gross negligence or intentional misconduct occurs, such as dispatching unsafe trucks, we also pursue punitive damages under RSMo § 510.261.
Start Your Claim With Hurt Trucker Attorneys
Calculating lost wages after a trucking injury is about securing your financial future. You’ve worked hard to support your family and deserve to recover every dollar the law allows.
At Hurt Trucker Attorneys, we have spent over 40 years helping injured Missouri truck drivers recover millions in compensation. We understand the trucking industry and won’t let insurance companies undervalue your claim.
We carefully review all aspects of your lost wages, including base pay, overtime, bonuses, per diem, missed promotions, and future earnings. If your injuries prevent you from returning to work long-term, we can make sure you receive compensation for your full future losses.
If your injury was caused by an employer’s negligence, an overloaded truck, or unsecured cargo, we are here to help. Contact Hurt Trucker Attorneys today.
Do you have questions about your lost wages or want to start a claim? Call Hurt Trucker Attorneys.