Documenting Lost Wages After an Injury
To document missed income, match the dates you could not work to the work you otherwise would have done and the pay that did or did not arrive. An employee can compare schedules, time records, wage statements and leave balances; a self-employed person may need contracts, invoices and business records. Keep past missed earnings distinct from a possible future loss of earning capacity. A medical restriction, employer accommodation or change in duties is evidence to review, not an automatic calculation of lifetime loss.
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Raffi Naljian
Founder, Civil Litigation, Personal Injury & Criminal Defense Attorney
Raffi Garabed Naljian is the founder of Naljian Law Offices and an active California attorney under State Bar #238919. A Los Angeles Times profile says he founded the firm in 2008 after beginning his legal career in 1997, and the State Bar lists personal injury, litigation, criminal law, and business law among his self-reported practice areas.
View Raffi Naljian's full verified profilePrimary identity record
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This is a focused supporting page. Use Raffi Naljian's full sourced attorney profile as the primary identity record for biography, role, languages, office information, and public-record links. Review that profile alongside the issue-specific preparation and public sources below.
The State Bar record lists Raffi Garabed Naljian as an active California attorney, State Bar #238919. Hurt Advice is a separate referral and legal information service, not the attorney's law firm.
How to Evaluate Attorney Fit for This Issue
Ask counsel which past shifts or work opportunities have direct support, whether the employer’s records match your calculation, and what a provider has actually restricted. If future capacity is disputed, ask what qualified evidence would explain the work change and assumptions. The work ledger should also reveal paid leave, substitute income and duplicate entries before an offer is evaluated.
Consultation worksheet
Missed-work and pay reconciliation
Use one line per pay period or project. Keep private payroll information off this public page. This organizes evidence; it is not a tax or wage-law calculation.
There is no submit or save action. Copy your notes before leaving this page.
What shift, hours, assignment or contract was expected? Which schedule or earlier comparable record is the source?
What time was worked, what pay was received, and what wage statement, deposit or invoice proves it?
Was paid leave used or work reassigned? What balance or employer record shows the change without double counting?
What dated provider restriction or other evidence links the reduced work to the condition, and what is still disputed?
Is a later work limit actually documented, how long is it expected to last, and who would evaluate any earning-capacity claim?
Sources for this guide
- Judicial Council of California Civil Jury Instructions (2026), CACI 3903C and 3903D
Official distinction between past lost earnings and future earning-capacity loss.
- California Labor Code section 226
Itemized wage-statement content and employee inspection/copy rights, subject to the statute’s terms.
- U.S. Department of Labor: Recordkeeping and reporting
Covered employers’ basic wage and hour records; applicability differs by worker and employer.
- California Labor Code section 1198.5
Access to certain personnel records concerning performance or grievances, where relevant.
What to Do Next
- 1Build a dated schedule of expected shifts, assignments or projects and mark the specific time missed or reduced.
- 2Request wage statements, time or attendance records and available employer confirmation; keep pay received, paid leave used and unpaid time separate.
- 3Match each claimed work period to a written medical restriction or other evidence of the injury-related limitation, and note any accommodation or partial return.
- 4For irregular or self-employed work, preserve contracts, invoices, cancellation messages and comparable earlier periods; ask a qualified reviewer which comparison is fair.
Evidence Checklist
- Before-and-after schedules, time sheets, attendance records and itemized wage statements
- Employer confirmation of missed or reduced hours, pay rate, duties, leave use and any accommodation
- Provider work restrictions and return-to-work notes with dates and scope
- Contracts, invoices, booking records and business records if income is irregular or self-employed
- A distinct list of possible future work restrictions and any supporting vocational or other qualified assessment
Keep your unanswered questions handy when comparing the attorney’s public profile with your needs.
Common Mistakes to Avoid
- Multiplying a normal weekly paycheck across time that was actually worked, paid as leave or already counted elsewhere
- Treating a tax return or one unusually high pay period as the whole wage-loss calculation
- Assuming every used sick or vacation hour is separately recoverable without checking the actual loss and legal basis
- Calling a possible promotion or lifetime earning reduction certain without evidence about work and medical limits
How the Process Typically Works
Reconstruct expected work
List scheduled shifts or assignments and the pre-event pay basis from employer or business records.
Reconcile actual pay
Compare each missed period with payroll, leave and payment records; attach dated work restrictions.
Assess later work
Separate documented ongoing restrictions from possible future earning-capacity questions requiring qualified review.
Damages Questions to Discuss with Counsel
- •Which past expenses are supported by records and legally recoverable?
- •What qualified evidence supports future care or work limitations?
- •Which losses are disputed, and what additional documentation would clarify them?
- •Are other people’s claims or obligations separate from this claim?
Frequently Asked Questions
What if my employer cannot provide a letter?
Ask for available schedules, time records and itemized wage statements, then identify what remains missing. California law and federal recordkeeping rules address some employer records, but coverage and access depend on the facts.
Does using sick or vacation time automatically add damages?
No automatic amount follows from the label. Preserve the leave balance before and after, pay received and actual loss, then ask how the applicable claim treats it.
How does a self-employed person show missed income?
Keep contracts, invoices, canceled work, deposits and comparable business periods. A reviewer may need to distinguish gross receipts from actual lost income and normal business variation; this guide gives no tax-reporting advice.
Is future earning capacity the same as past missed wages?
No. Past loss concerns identified work and pay periods. Future capacity requires separate support for the ability to work, expected duration, job opportunities and economic assumptions.
Use the attorney’s public background as a starting point for a direct conversation about fit.
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