What Are Lost Wages Damages?
Lost wages damages are money paid in the place of any wages you would have earned from your employer from the time of the settlement to your recovery while you were injured. Lost wages are different than lost earning capacity which are damages paid out when an injury has left you disabled and unable to work. They are also different than lost compensation which is wages plus any benefits such as retirement pay or bonuses you would have earned if you were not injured. An injury attorney will help you determine which kind of wages claim you should make depending on the severity of your injuries.
Filing A Lost Wages Claim
If you have lost wages because of your car accident you will need to file a claim. It is recommended that you wait until the end of your medical treatment and your injuries have been fully diagnosed before making this claim. You will start by making a request to your insurance company. The insurance companies will usually require a few things from you including:
● An independent medical exam with one of the insurance company’s approved doctor
● Your medical records from the injury and any disability slips
● An authorization form from your employer to give the insurance company your employment details
● Paystubs or other proof of income
● A letter from your employer confirming the days you were absent
It is essential that all of these documents are detailed, comprehensive, and accurate otherwise the insurance company may deny your claim.
Understanding The Value Of Your Claim
In the state of Florida, lost wages are covered as part of PIP. So no matter whether you or the other driver were at fault, they are covered. According to Florida Statute 627.736, coverage provided is:
“Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household.”
This percentage can be bumped to 80% if you pay $20,000 or more in PIP rather than just the state required $10,000 in coverage. So it is important to review your insurance policy before making a lost wages claim so you receive the full amount. You also may be able to recover the other 40% if the other driver was at fault as part of a claim against them.
Why You Need An Attorney
Insurance companies do not always pay out a fair amount. Between fighting against false claims and protecting their own economic interests, insurance companies end up putting innocent people through a very challenging process to receive fair compensation. This is especially hard if your injuries are so severe you can’t even return to work. So if you are filing a lost wages claim or your lost wages claim is insufficient to cover your damages or has been denied, you need expert help. The knowledgeable attorneys at All Injuries Law Firm are here for you. We have years of experience filing lost wages claims in Florida and can ensure that you get the compensation you need to recover from any financial hardship after your car accident. So if you need to file a lost wages claim, make sure that you are covered by speaking with us first!