Personal Injury Claim after an accident, question on loss wages.

Asked about 1 year ago - Sacramento, CA

Got rear ended & went thru chiro for weeks. Now, I'm back to work but was disabled for 3-4days. I talked to my boss and he told me to just make up with the loss time and no need to submit vacation/etc.
Now, the insurance which have direct liability ask me to send them paystubs when I was out of work. I have the disability note from the doctor but the paystubs did not show any loss wages(it is still full) since my boss is nice enough to let me just make up those loss time via overtime, etc since I am salaried. Am I still entitled for loss compensation ? Are they gonna decline my claim since it does not show in my paystub? I still have a lot of inconvenience though since I need to work overtime(w/ no pay since I am salaried) to make up. Pls advise!

Attorney answers (13)

  1. Frederick Joseph Sette

    Contributor Level 12

    16

    Lawyers agree

    Answered . yes, the insurance company is trying to get over on you; regardless of whether or not you were paid through vacation time, sick leave, etc, the insurance company owes you for the time you missed from work. You may need to get some verification from your employer, but the carrier owes for any time you missed.

  2. Jeffrey David Bohn

    Contributor Level 12

    11

    Lawyers agree

    Answered . You are entitled to past and future list wages and list flex time or vacation time. The question is how serious e your injury is because these things take time to develop. An insurance adjusters job is to low ball, obfuscate and lie in order to get claim payout as low as possible. Don't give a recorded statement and talk to an attorney fur free. There are generally four levels of severity in injury cases and you situation is unknown until you consult with a PI lawyer.

    Jeffrey D. Bohn
    Sacramento Injury Lawyer
    8880 Cal Center Dr.
    Sacramento, Ca
    1-916-806-7696
    Www.jdbohnlaw.com

  3. Josh P Tolin

    Contributor Level 19

    11

    Lawyers agree

    Answered . The reason you need to hire an attorney, is so you don't have deal with idiot adjustors. Do yourself a favor, hire a local personal injury attorney, and he/she can help you get the compensation you are entitled to. Mr Sette is correct. You are entitled to compensation. Usually, when you are talking about a few days off, it is not the biggest part of your claim, but don't let them push you around, hire an attorney.

  4. Tanya Marie Bachand

    Contributor Level 15

    11

    Lawyers agree

    Answered . You can make the claim: they don't need your paystubs, a letter from your employer will work just fine for the claims stage.

    This is general advice and does not establish an attorney-client relationship.
  5. Daniel Nelson Deasy

    Contributor Level 20

    10

    Lawyers agree

    Answered . Hire a personal injury attorney to navigate these waters for you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Ajay Mohan Kwatra

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . Maybe have your boss write a letter stating your efforts?

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Retain one of the above lawyers in your state to get maximum compensation.

  8. David Ian Schoen

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You need to consult with a local personal injury attorney. Your boss may be doing you no favors

  9. Robert Andrew Michael Burns

    Contributor Level 17

    5

    Lawyers agree

    Answered . I am unclear on the employment facts, but you certainly will easily be able to prove disability and loss of earnings, so long as you lost hours that you otherwise would have worked, but your claim may be mitigated to the extent that you were given work that you otherwise would not have been given and therein lies my confusion.

  10. Scott Michael Leavitt

    Contributor Level 6

    3

    Lawyers agree

    Answered . Yes. The fact that you have to 'make up' the time is something that you can recover for. It is really like you have to work a full day and then tack on more time to cover what you missed being injured. The only reason that you had to work the extra hours was because you missed work as a result of the injuries. The extra time that you spent is compensable.

    They will probably reject the claim for the reasons that you put in your question. That does not mean you cannot recover for the time. This is a classic set up for an insurance company to try to take advantage of you.

    If your boss will help you, you can get a declaration from your boss stating that you missed "X" amount of time and the you have to make all of that time up. Then you argue that you are entitled to compensation for the extra time that you have to work.

    If they still will not pay, you will have to take this to the next step and see a lawyer.

  11. Frederic Wendel Scott Lucas

    Contributor Level 4

    3

    Lawyers agree

    Answered . As profit-driven businesses, insurance companies try to take in more money than they give out. Insurance companies have many tricks up their sleeves designed to minimize the amount of money they pay out. Yes, the insurance company is trying to decrease the amount of lost wages it owes you. Usually, a salaried employee who loses no wages is not entitled to recover lost wages unless they are forced to use sick leave or vacation, which is why the insurance company wants your pay stubs. Consult with a local personal injury attorney to determine the most current law governing your jurisdiction.

    The insurance company wants to pay you as a little as possible. It’s a good idea to have a personal injury lawyer to discuss this matter with you before providing the insurance company with any information. Don’t believe what you heard about attorneys being unaffordable. Many personal injury attorneys provide free consultations and offer payment terms that only cost you if you recover a settlement amount.

    People hire attorneys because they are experienced in aggressively negotiating with insurance companies and maximizing the compensation received by the injured client. An experienced personal injury attorney will have traveled this road many times before and will know all the ins and outs needed to effectively handle insurance adjusters.

  12. Jeffrey Marc Levine

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You can make the claim for lost wages, but you will need to document it. Since it doesn't show up in your check stub, ask your boss to either write or sign a statement explaining exactly what you have explained here. Better yet, a personal injury attorney in your area would most likely give a free consultation, but more importantly, would likely increase the value of your claim, by knowing the specific laws and timelines applicable in your jurisdiction. that combined with experience in litigation will usually increase the value of the claim by more than the cost of the attorney fees.

  13. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . It seems to me that you definitely need an attorney, both to assess your personal injury claim and also to review whether or not you are being treated appropriately by your employer. Salaried personnel generally do not need to make up lost time. Salaried personnel generally do not receive overtime. However, many people are inappropriately designated as exempt employees and do not receive the benefits to which they are entitled to under the Federal wage and hour laws. I suspect that your boss is not properly categorizing you. You should discuss this issue with your personal injury attorney.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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