Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: If I use my sick, vacation, or paid-time-off (PTO) to make up for lost wages while I am injured, am I still entitled to receive money from the insurance company for my lost earnings?
A: Yes! One of the biggest whoppers of a lie that is often told by insurance companies and their lawyers is that if you are paid for lost time from work by your sick, vacation, or paid-time-off (PTO) that the insurance company has no duty to pay for your lost earnings. The reason why this lie is so successful in convincing injured people to settle for less is that it seems to be right. The injured person thinks, "I've already been paid. I don't deserve more money. That wouldn't be fair."
But the law is clear, you are still entitled to be paid for your lost wages. The logic of the law is that sick, vacation, and PTO typically have a cash value and you are only using this benefit because of the negligence of someone else. Had you not been injured, you would have most likely not used your wage benefits and you would have been able to use the benefits at a later date of your choosing and design. The days and time that the employee burns from the sick leave bank can never be used again and therefore cannot be turned into cash later.
Insurance adjustors regularly tell injured people this lie and too often it is believed. Don't let the insurance company fool you!
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