If you’ve been injured in an accident, you likely have been forced to miss time from work.  Whether you’ve missed entire days because of your pain or a few hours here and there so you could get to your doctor’s appointments, you deserve to be compensated for your wage loss.  However, many people mistakenly think that they are not entitled to wage loss compensation if this missed time was covered by sick leave or they were able to use their vacation time.  This is false and in fact, you are still entitled to wage loss compensation. 


The rationale is that you should not be punished and forced to use your sick or vacation time for injuries sustained in an accident that was not your fault.  Had it not been for the accident, you would have certainly used these employee benefits for times when you had a cold or wanted to go on vacation with your family.  Simply because you were financially compensated from your employer for the time you took off as a result of your accident related injuries does not mean you didn’t suffer a wage loss since you no longer have the sick of vacation days available to you.  The at fault party’s insurance company is not entitled to benefit from your employee benefits and certainly must compensate you for your missed time from work as a result of the accident.


If you think you may have a wage loss claim, be sure to keep copies of all your relevant pay stubs, records detailing your missed time, and any doctor’s notes indicating your inability to return to work.


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Filed under: Articles by Jennifer CrichtonLegal Insights

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