Can You Get Compensation for Missed Work Due to Car Accident Injuries?

Experiencing a car accident can disrupt your life in many ways, mainly if it results in injuries affecting your ability to work. Beyond the physical toll, the financial strain of missed work can be daunting. A knowledgeable car accident attorney can help you seek compensation for lost wages due to injuries, providing valuable insights and practical advice throughout the process.

Business man in a blue suit, standing in an office on crutches.

Overview of Compensation for Missed Work

Compensation for lost wages is a fundamental right if your injuries are due to an accident that wasn’t your fault. This compensation is meant to cover the income you would have earned if you had not been injured.

Car accident injuries can range from minor bruises to more severe, long-lasting conditions that may keep you from fulfilling your job responsibilities. Such injuries can lead to:

Lost wages: If you’re forced to take time off work due to accident-related injuries, you can claim compensation for lost wages. This includes the salary you would have earned during the period you could not work. To substantiate your claim, maintain detailed records of the work days missed and the corresponding lost income, ensuring your calculations are thorough and supported by documentation such as pay stubs and employment contracts. Be sure to also keep a copy of a doctor’s slip stating that you were unable to work due to injuries from the crash.
Missed career opportunities: Injuries from car accidents can cause significant setbacks, including missing out on promotions, special assignments, or other career advancement opportunities. Compensation can be sought for these missed opportunities, which requires proving potential promotions or raises were likely and quantifying the financial impact. This might involve expert testimony or detailed career trajectory analyses based on your employment history.
Long-term decreased earning capacity due to disability: More severe injuries might lead to permanent disabilities, impacting your ability to work as you did before. Compensation for long-term decreased earning capacity considers the difference between your current earning potential and what you could have earned without the disability. This type of claim will need to be supported by three different experts: (1) a physician to state what your physical limitations are due to the injury; (2) a vocational specialist who will determine the impact such limitations will have on your future vocational pursuits considering your age, occupation, skills, and the nature of your disability; and (3) an economist to perform the complex calculations necessary, to both project the amount of these losses over the course of your work-life expectancy, and then to reduce these losses to a present value dollar figure.

Eligibility for Compensation

In seeking compensation for missed work due to car accident injuries, specific criteria must be met to establish eligibility. Demonstrating the accident’s causation by another party’s negligence is paramount. This entails providing evidence that the accident occurred due to the other party’s failure to adhere to applicable traffic laws, directly leading to the collision. To be eligible for compensation, you must demonstrate that:

The accident was due to another party’s negligence: For compensation, it is crucial to prove that the accident occurred due to someone else’s negligence. This involves showing that the other party failed to adhere to expected safety norms or laws, directly causing the accident.
Your injuries are directly related to the accident: Establishing a direct causal link between the accident and your injuries is essential. Medical records, doctor’s testimony, and other related evidence can prove that the injuries sustained are the direct result of the accident.
You missed work and lost income due to these injuries: To claim lost wages, someone will need to document the amount of work you missed and then correlate it with your injuries. This documentation might include detailed employment records, tax returns, pay stubs, and contemporaneous doctor’s notes specifying the necessity of absence from work due to the injuries sustained. This documentation is vital for substantiating your claim for lost income.

Documenting Missed Work

Thorough record-keeping is crucial when documenting missed work due to car accident injuries. Keep a detailed log of all work days missed, noting dates and the usual number of hours worked. Supporting documentation from your employer should accompany this log, forming the basis for potential compensation claims. Additionally, save all medical certificates and doctor’s notes that explicitly connect your absence from work as a result of the injuries sustained in the accident. These documents provide the medical basis for your claims and help establish the link between the accident and your missed work. This documentation should be retained along with your receipts and invoices for all medical expenses incurred post-accident, including hospital bills, medication costs, and specialized services like physical therapy or psychological counseling.

Legal Options for Compensation

When you’re in a car accident and assessing your eligibility for compensation, it’s crucial to understand your legal options. While filing insurance claims against the at-fault party is common, it’s important to realize that insurance companies are not always willing to cover all your damages. In such cases, pursuing personal injury lawsuits can provide the only avenue for seeking adequate compensation.

You have various avenues to seek compensation, including insurance claims against the party at fault and personal injury lawsuits if insurance compensation falls short. Compensation amounts aren’t arbitrary, but are calculated based on the total days of work missed, your average daily income, and future earnings lost due to diminished earning capacity.

Vocational experts consider several factors when making an impairment to earning capacity assessment. These include reviewing the severity and nature of your injuries as documented by your physician, considering your job type and the likelihood of finding similar work with your injuries, as well as identifying any permanent disabilities and their impact on your career prospects.

Obtaining the right experts to help document your claim is essential. Their reports along with strategic and effective communication with your insurance provider is likewise key to successfully pursuing compensation. This begins with engaging an experienced attorney. He or she will be able to do all that is required.

Speak to a Professional

You might be entitled to compensation if you’ve missed work due to car accident injuries. Understanding your rights, documenting everything thoroughly, and seeking professional advice to advocate for the compensation you deserve are essential. Arthur Law Firm can provide guidance and support if facing these challenges. Contact us immediately at (419) 782-9881 for a free consultation to discuss your legal options.