One of the many elements of your personal injury case or accident claim is the amount of income that you lose as a result of the negligence of another. The calculation of your loss of income can be either very easy or extremely complicated, so it is a good idea to follow the following suggestions:
Assume that Insurance Companies are Not Going to Believe Your Claim for Lost Wages, So Be Prepared to Prove Everything
If you are injured and you work a forty-hour week, with no overtime, then the insurance carrier will want to see some proof from your employer of your salary (paystub, W-2, tax return, etc.). You should keep a complete record of all lost wages. At the very least, you should obtain a statement from your employer that outlines your salary, the number of hours you work in a week, the time that you have missed from work, and any other monetary losses that you have incurred.
It is a good idea to obtain other forms of documentary evidence such as paystubs, copies of paychecks, calendars, ledgers, time cards, and anything else that will help to establish your losses. Additionally, you will also need some documentation from your employer establishing how much time you lost from work.
It would also be helpful to have a note or notation in your medical record from your treating physician that you could not work for any specific time due to the injuries you sustained in the accident. It is also important for you to report to your physician your inability to work, and why, so that it will be become a matter of record.
Overtime, Sick Time, and Vacation Time
If your doctor indicates to you, which should be in writing, that you cannot work, you are entitled to collect monies that do not include just your lost salary. These losses can also apply to overtime, sick time, and any vacation time that you use. These all have a value, and you are entitled to be compensated for the loss of these values because of another's negligence.
It is important to note that you should always follow your doctor's instructions. If your doctor tells you to take three weeks off from work, then it is much easier for us to argue that the loss of income incurred during this period of time is the responsibility of the party at fault. It is imperative that you be as detailed as possible when telling your doctor about the physical problems you are experiencing. It is absolutely necessary that the physical nature and extent of your job duties and responsibilities and what is required of you at work is fully understood If you lose overtime or are forced to use sick time or vacation time from your work, you should arrange to get a letter from your employer (we will arrange for this after you speak with your employer) indicating how much overtime you lost on each day and the value of that overtime. If you had to use sick days or vacation time, have your employer draft a letter indicating how much sick time and vacation time you used and the value of that time.
Trips to the Doctors
If you have returned to work but have to take time off to visit health care professionals, you are entitled to be compensated for any money you lose or for the value of you're the vacation or sick time you have to use. Your employer should clearly document the time you missed from work for these appointments. You should keep a calendar of all time missed from work, the reason you missed time, the hours you missed, and why you missed this time. Make sure your employer knows that you are missing time as a result of your accident-related appointments and provide written documentation to your employer to confirm this information.
