Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
When someone is seriously injured in a car crash, workplace accident, or any other traumatic event, the consequences can affect more than just their physical health. One of the most overwhelming aspects of the recovery journey is the financial impact—especially when the injury results in missed work or affects the ability to earn a living in the future.
Two types of damages frequently arise in these situations: lost wages and loss of earning capacity. While they may sound similar, they play different roles in a personal injury claim. Understanding both is key to building a strong case and securing the compensation you deserve.
Let’s walk through what each term means, how these losses are calculated, and how Oklahoma law handles them.
Lost wages are the paychecks you missed because you couldn’t work due to your injury. This is a short-term calculation. If you were in the hospital for two weeks or in physical therapy for a month and couldn’t clock in, the income you would have earned during that time counts as lost wages.
In most cases, lost wages are calculated using:
Whether you’re hourly, salaried, or self-employed, you may be able to recover this lost income if your case proves that the time off work was directly related to your injury.
Lost wages cover income you’ve already missed; loss of earning capacity addresses the income you’ll no longer be able to earn because of long-term or permanent injury.
Loss of earning capacity refers to your future ability to earn money. If your injury permanently affects the kind of work you can do—or how long you can continue working—you may be entitled to compensation for that loss.
Unlike lost wages, which are tied to a specific number of missed days or hours, earning capacity looks forward. It’s based on what you could have earned if the injury had never happened.
This could apply to:
To prove loss of earning capacity, your legal team will often bring in vocational or economic experts.
Loss of earning capacity = (Projected earnings without injury – Projected earnings with injury) × work-life expectancy.
Lost wages are calculated based on the actual income lost. If you earn $1,000 a week and miss four weeks of work, your lost wages are $4,000. Additional items, such as missed bonuses, overtime, or commissions, may also be included.
Loss of earning capacity is a more complex calculation. Experts look at factors such as:
This analysis helps estimate how much income you’ll miss out on for the rest of your working life.
Vocational experts assess job skills, education, work history, and the labor market to evaluate diminished earning potential.
Every case is different. But when calculating a loss of future earning potential, these factors matter:
These factors work together to shape the estimated amount that might be awarded for loss of earning capacity.
To claim either lost wages or lost earning capacity, you need more than just your word.
Your legal team may help collect:
Insurance companies often ignore future income losses—your attorney can bring in the experts needed to prove your full economic damages.
| Type of Damage | Timeframe | Calculation Method | Evidence Needed |
| Lost Wages | Past & immediate future | $Hourly rate × hours/month missed | Pay stubs, employer letter, tax records, medical |
| Loss of Earning Capacity | Long-term/future | (Pre-injury income – post-injury income) × years remaining | Vocational report, economic analysis, med docs |
Proving lost wages is usually straightforward; however, demonstrating lost earning capacity can be more complicated. It requires careful documentation, expert analysis, and a solid understanding of Oklahoma’s legal standards.
The team at Graves McLain Injury Lawyers collaborates closely with economists, doctors, and career experts to construct a comprehensive case for both immediate and future income losses. Having the right team on your side can make a significant difference when it comes to securing the full compensation you’re entitled to.
Lost wages refer to paychecks that were missed because you were unable to work. Loss of earning capacity refers to your future ability to earn, particularly if your injury permanently restricts your work options.
Oklahoma allows injury victims to recover for both lost income and diminished future earnings. The law requires that loss of future earnings be proven with reasonable certainty.
Yes. If you earn less than you would have without the injury, you may qualify for these damages, even if you can still work part-time or in a lower-paying job.
You’ll need expert testimony, past income records, medical evaluations, and vocational assessments to show how your injury affects future earnings.
In most cases, yes. A vocational expert can evaluate your job skills, physical limitations, and career prospects to calculate realistic future income losses.
A personal injury attorney gathers all necessary documentation, works with experts, and presents a clear argument to insurance companies or in court to maximize your recovery.
When you’re hurt in an accident, the income you miss today is only part of the story. Serious injuries can change your ability to work and earn a living long-term, and Oklahoma law gives you have the right to seek compensation for both.
Understanding the difference between lost wages and loss of earning capacity—and gathering the proper evidence—can make all the difference. The legal process can be complex, but you don’t have to face it alone.
Graves McLain Injury Lawyers helps clients in Tulsa and throughout Oklahoma recover the financial damages they deserve after life-changing injuries. Whether you’re fighting to regain your paycheck or protect your future, our experienced team is here to guide you.
The outcome of your case depends on its unique facts. Past successes do not guarantee future results. This content is for informational purposes only and does not constitute legal advice.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
