wage claim

Injured workers who qualify are able to collect compensation for lost wages.

Those that sustain damages at work are almost always eligible for workers’ compensation. One of the most valuable aspects of this system is the fact that injured employees can collect payment for lost wages. In short, this provision allows you to receive a portion of the money you lost to your injury. This framework, however, is not as simple it might sound.

Missing Time For Recovery

The most obvious form of lost wages is the money you lose from missing time at your job. If you get paid hourly, this will start to happen right away. If you are on salary, it might take a bit longer. Either way, there is a good chance that you will miss out on a few paychecks. This effect is especially pronounced when your injury is severe. Take a broken leg for example. If you suffer this injury and your job requires a high level of physical ability, you could be unable to perform work activities for up to six months. Your company may give you a light duty position, but there’s a chance that you’ll stay away from your job entirely.

Lessened Earning Capacity

Now, onto the less apparent reasons for lost wages. One of them is lessened earning capacity. As you might imagine, a person that is handicapped in any way will have a harder time competing in a physical job. This happens in two ways. First, you might be forced to work a schedule that is less than full time. Doing so will make you a part-time worker and might reduce your wages. Second, you may be less likely to be promoted to higher positions. Both outcomes lead to reduced pay.

Lost Opportunities For Growth

Similar to the last category, you can also seek compensation for a lost opportunity. One typical example is workers getting injured before they’re about to start a new job. While their old company might retain them at the same wage, they could have enjoyed a substantial pay raise at a new job. Unfortunately, companies do not owe you anything if they’ve never employed you, so you’d be out of luck in this situation.

Discrimination

Lastly, having any sort of disability puts you at risk of discrimination. This treatment can take place at both your current company and new ones. At the former, your superiors might resent the fact that you collected so much in workers’ compensation and treat you poorly as a result. For the latter, you could have a tough time finding a new job because hiring managers do not want somebody with lessened capabilities. Either way, your earning power might suffer.

Though people often claim workers’ compensation is a simple system, it isn’t quite as straightforward as most think. One area in which this claim is true is lost wages, which takes a significant amount of interpretation to estimate correctly. Fortunately, you can make sure you assess your situation accurately and get every dollar you deserve by having an experienced work injury lawyer review your case free of charge. If you have been injured on the job, give us a call 24/7 at (314) 361-4300.

The amount of back pay you may be entitled to recover can be significant.

Federal and state laws and regulations govern the payment of wages. If your employer has not paid you in full for all of your work, you may be entitled to penalties and payment for the wages you are owed.

Wage and Hour Claim

If you answer “yes” to any of the following questions, you may have a wage and hour claim:

Do you work more than 40 hours per week without overtime pay?

Are you ever at work “off the clock” when you get ready for work, or clean up after work?

Do you have to work through meal or other breaks without being paid?

Are you paid a “salary,” but do the same work as hourly workers?

Are you being “docked” time (time taken out of your paycheck) for meals, breaks, etc. that you never took?

Do you have to travel between or to job sites without being paid for that time?

Are you treated as an “independent contractor,” but the person who pays your checks controls how you work?

In some situations, the issue with wage and hour violations has to do with employee missclassification. For instance, an employee who is entitled to receive overtime for working over 40 hours is missclassified as “exempt” from getting overtime pay. Sometimes, a full-time employee may be missclassified as an independent contractor. When these violations and errors are exposed, a number of rights to additional compensation begins to come into focus. The back pay you may be entitled to recover can be significant.

Filing a Wage and Hour Claim

For most Americans, their ability to survive is directly influenced by the wages they receive. Wages, which include salaries, commissions, and hourly wages, make up the majority of wages employees receive. In Missouri, all employees must be properly compensated for all hours they work.

A wage claim occurs when an employer fails to give an employee their rightful earned salary, commission, vacation pay, bonus, stock option, dismissal wage and other type of money or reimbursement owed.

The Fair Labor Standards Act (FLSA), is in place to establish minimum wage, overtime pay, record-keeping, and child labor standards which affect full-time and part-time workers. When an employee has not been paid properly for the hours they’ve worked, they may bring a civil action against their employer. In addition, the law protects the employee from being able to retaliate.

St. Louis Wage and Hour Lawyer

If you have a wage and hour dispute within the state of Missouri, please contact our experienced wage and hour lawyers for a free consultation. Call us at (314) 361-4300 or fill out our online contact form.

It is worth your time to sit down with an attorney and have your case fully assessed.

4 Ways You Can Lose Wages After a Work Injury