Mike’s Quick Answer
It depends on the compensation plan and proof, but often overtime, bonuses, tips, differentials, and commissions can be included when they were reasonably expected rather than speculative. Past earnings, schedules, quotas, employer policies, coworkers' opportunities, booked sales, and medical restrictions can help establish the loss.
Variable Does Not Mean Unprovable
An employee may consistently work seasonal overtime, earn shift differentials, meet quarterly targets, or receive commissions from a defined pipeline. Several prior years can reveal patterns that one pay period hides.
The claim becomes harder when the payment was discretionary, the business slowed for unrelated reasons, quotas changed, or the employee was already missing targets.
Match the Compensation to the Missed Opportunity
Use pay stubs, W-2s, commission statements, sales reports, schedules, union contracts, bonus plans, performance reviews, and employer verification. Identify the dates and medical reason the work was missed.
Avoid multiplying the best historical week across an unrealistic period. A conservative, documented method is more persuasive.
Past and Future Loss Require Different Proof
Past loss can often be calculated from actual records. Future loss may depend on prognosis, restrictions, promotion path, labor-market evidence, and expert assumptions.
Mike can develop the claim with employers and experts. Tax withholding and reporting questions remain with qualified tax professionals.
Frequently Asked Questions
What if overtime was never guaranteed?
It depends on the history and workplace. Repeated assignments, seasonal demand, coworker hours, and employer testimony may support probability without turning it into a guarantee.
Can a lost promotion be included?
It depends on how concrete the opportunity was. Applications, rankings, reviews, training, openings, and employer testimony may distinguish a probable loss from speculation.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.