After a car accident, you may be struggling with injuries. These injuries can prevent you from returning to work and providing for your family. In some cases, you may be out of work for a significant amount of time, making it difficult to pay mortgages, utilities, and other monthly expenses. During this time, you need to be sure that you are compensated for your lost paychecks. The driver who is “at fault” for the accident, will also be responsible for reimbursing you for lost time at work. However, recovering “lost wages” after an accident isn’t always easy. Here’s how to recover lost wages after car accident.
Lost wages refers to the amount of money you would’ve earned from your employer had you not been forced to miss work after your accident. However, it is important to know that lost earning capacity and lost wages are different in this situation. Lost wages directly refers to the money you didn’t earn because you weren’t able to go to work. Lost earning capacity, however, refers to any disability that diminishes your ability to work the same way you did before.
After an accident you can submit a claim to your insurance company or the at-fault driver’s insurance company, or you can file a personal injury lawsuit against the driver. Before submitting a claim, you will need to support and prove that you lost wages as a result of the accident. This may mean attaching supporting documents, such as:
- Doctor’s notes – you will need a note that you sustained injuries that led to your missed time of work. Your doctor must have approved or recommended the time off.
- Paystubs or work documents – you will also need to show that you actually missed work and that this led to your lost wages. Showing conclusively how much you made before your injury and how much you made after your injury is important to establishing lost wages.
- Letter from employer – your employer should submit a letter confirming lost time at work, including days absent, your pay level, and hours you usually work each pay period.
While this may seem easy enough, it can be difficult to collect lost wages, especially when pre-existing conditions have been aggravated or when you’ve missed work on some days but not on others. Consider this example: Ruth had a history of back pain which caused her to miss the occasional day of work when it flared up. After her accident, however, she began to miss more days of work because her back injury was worsened. On some days, she could get through the day just fine, but other days she couldn’t.
In this scenario, Ruth deserves to be compensated for the number of days she missed work that was different from the number of days she missed before. However, insurance companies will be looking for any way to deny these types of claims and they may argue that her pre-existing condition prevents her from recovering lost wages. When this occurs, it is important to have an experienced Denver car accident attorney on your side to fight for your rights.
Contact Our Denver Car Accident Lawyers
If you or someone you love has been injured in a car accident in Denver, Aurora, Littleton, Boulder, or anywhere in the state of Colorado, it is important to know your legal rights to compensation. Your attorney can protect your rights during this time and ensure that you receive the money you need to pay for medical expenses, lost wages, pain and suffering, and more. Call Denver attorney Robert Paysinger today to discuss your case. Our law firm offers FREE case consultations and can be reached at 303.279.0221.
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