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What california personal injury loss wages law?

San Francisco, CA |

i was involved in a really bad car accident my doctor put me on a 5 day medical leave and was referd to a chiopractor for futher treatment i was exam by the chiopactor and recive sevices i was cleared to return back to work only to find myself being in more pain . i than went on short term disability. i want to know if im still entitled to loss wages

Thank you for answering my question all of your answers were of great help, it is just sad the insurance company doesnt want to take heed to my kindess. Their position on my case is that since the disability that was taken was 2 weeks after the initial medical release of 5 days it wasnt related to the claim, which in fact it was reccommended by the chiropractor that I go out on disablity and he provided supporting documentation as why there was a gap. I was also still getting treatment related to the accident during the 2 weeks.

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Attorney answers 2

Best Answer

You are indeed entitled to your lost wages if you were not at fault.

The law states that a Plaintiff is entitled to recover the reasonable value of working time lost on account of the injury. Thus, wages, commissions, bonuses and all other earnings and fringe benefits that claimant has lost, or probably will lose, are compensable damages elements. See Bonneau v. North Shore R.R. Co. (1907) 152 Cal. 406.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


Also saw your follow up so it seems that you are entitled to your additional lost wages while on disability. In most personal injury actions the defendant cannot take into account nor get a reduction for any money you receive from disability insurance or anything like that. This is known as the co-lateral source rule.
Your situation is common in that often people return to work prematurely even though their doctor cleared then only to find they still have problems and can't do their work. In that case your doctor or another usually makes a note and extends your disability and you recover your lost wages as well as pain and suffering and medical expenses. In the end all it is a matter of proof having your doctors testify that you tried to work but couldn’t. I think the fact that you tried to go back and couldn't makes your case than much more credible and stronger.
Insurance companies are just out to pay you as little as possible. They are not trying to be fair, honest nor reasonable. You are better off hiring an attorney who has experience in dealing with these types of claims such as ourselves. Studies by the famous Rand Corporation had shown that people involved in personal injury cases ( airline crashes) who hired a lawyer received more money in the end even after paying their fees and costs than those who tired to deal with it on their own.
So my best advice is to contact an experienced personal injury attorney or give us a call. You can call us for a free interview and we won't charge you any fee until and unless we get you a recovery. Our number is (866) 981-1850 or you can visit our website at