Can a claim cover pay I missed?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalA claim may include pay lost because you could not work due to the injury. You need proof of the missed time and lost income.
In this guide
Here’s an example
A worker misses shifts after a crash. They save pay stubs and a doctor’s note about work limits.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Lost earnings concern income you did not earn because of the injury. Records of pay and time off help show the amount. Work limits help show why you could not work.
Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 3903C — Past and future lost earnings (2026 edition)
What can change the answer?
Self-employment, changing pay, and paid leave can make the math harder. Other benefits may matter too.
Questions people ask
What records help if pain keeps me from working?
Keep pay records, missed-shift dates, and any work limits from your care team. Explain how the injury affected the work. Do not guess about losses you cannot support.
References: [1]
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Licudine v. Cedars-Sinai Medical Center
California Court of Appeal · 2016
3 Cal.App.5th 881, slip op., pp. 1–2
Lost future earnings need proof of what the person likely could have earned. A hoped-for job is not enough by itself.
This case focuses on future earning capacity. Past missed pay needs its own wage and work-loss records.
Case applicability reviewed as recorded above.
A useful next step
Keep pay and tax records when needed. Note each missed work day and why you missed it.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
- CACI No. 3903C — Past and future lost earnings (2026 edition) ↗Jury instructions · Review recorded above
- Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.