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Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: How Do I Get My Lost Wages Paid After an Accident? What Kinds of Lost Wages am I Entitled to Have Compensated?
A: After an injury occurs which leaves you unable to perform your work duties or missing work hours, the injured person should provide a written documentation from his/her doctor explaining the reason for his absences to both his employer and to his personal injury lawyer. Under California law, a person injured in an accident is entitled to both his past loss of earnings (up to the date of settlement or judgment) and future loss of earnings (from the date of settlement or judgment going forward throughout the rest of the injured person’s life). Both of these amounts must be proven by a “preponderance of the evidence”, which means that the loss of earnings claimed must be more likely than not to be lost by the injured person due to the accident.
Lost compensation Is not affected by using paid time off (PTO), vacation, or sick pay. These resources should be used by the injured worker to receive his lost wages prior to settlement or judgment. Using these resources does not reduce the claimed amount for compensation since these resources have a cash value and could have been used by the injured worker to do something more beneficial than to make up for wages lost due to the carelessness of anoter person.
For more information regarding compensation guidelines please contact the experienced San Diego personal injury attorneys at the Jurewitz law group at 888-233-5020 for a free consultation.
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