# Can a claim cover pay I missed?

Canonical: https://californiapersonalinjurylaws.com/guides/missed-work/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

A claim may include pay lost because you could not work due to the injury. You need proof of the missed time and lost income.

## Hypothetical example

A worker misses shifts after a crash. They save pay stubs and a doctor’s note about work limits.

## 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.

## What can change the answer

Self-employment, changing pay, and paid leave can make the math harder. Other benefits may matter too.

## A useful next step

Keep pay and tax records when needed. Note each missed work day and why you missed it.

## 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.

## Court decisions behind this answer

### Licudine v. Cedars-Sinai Medical Center (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.

Limit: This case focuses on future earning capacity. Past missed pay needs its own wage and work-loss records.

Source: https://law.justia.com/cases/california/court-of-appeal/2016/b268130.html

## Sources

- [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.)
- [CACI No. 3903C — Past and future lost earnings (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881](https://law.justia.com/cases/california/court-of-appeal/2016/b268130.html)

General information, not legal advice.