Can You Get Lost Wages from Car Accident?

At Arye, Lustig & Sassower, P.C., we regularly assist clients who have been unable to work after being injured in motor vehicle collisions. One of the most common questions we hear is whether you can get lost wages from car accident injuries. The short answer is yes – you are entitled to no-fault benefits up to 80% of your lost earnings, not to exceed $2,000 per month for a period of three years following the accident. If you've had to miss work due to injuries sustained in a car accident caused by another party's negligence, you may be entitled to compensation for your lost wages and reduced earning capacity, regardless of which vehicle is at fault. And, if you've had to miss work due to someone else's negligence, then you may be entitled to the full extent of your missed wages.

Can You Get Lost Wages from Car Accident?

Yes, you can get lost wages from a car accident if your injuries prevent you from working. you are entitled to no-fault benefits up to 80% of your lost earnings, not to exceed $2,000 per month for a period of three years following the accident. If you've had to miss work due to injuries sustained in a car accident caused by another party's negligence, you may be entitled to compensation for your lost wages and reduced earning capacity, regardless of which vehicle is at fault. And, if you've had to miss work due to someone else's negligence, then you may be entitled to the full extent of your missed wages.

In New York (to the extent of no-fault benefits), this compensation may be available through your own no-fault insurance policy and potentially through a claim against the at-fault driver.

However, securing full compensation for lost wages requires proper documentation and understanding of your legal rights. Let's explore what qualifies as lost wages, how to document your claim, and the steps needed to recover this important form of compensation.

How Long Does It Take to Get Lost Wages from a Car Accident?

The timeline for receiving lost wages after a car accident varies depending on several factors. Here's what you need to know about the typical timeframes:

• No-Fault Benefits: No-fault insurance typically begins providing initial lost wage benefits within 30 days of submitting a properly completed claim with all required documentation.
• Insurance Verification: The insurance company usually takes 1-2 weeks to verify your employment, wages, and medical documentation before processing payments.
• Ongoing Payments: Once approved, no-fault wage loss benefits are typically paid bi-weekly or monthly throughout your disability period.
• Disputed Claims: If the insurance company disputes your claim, resolution could take 2-3 months or longer, especially if medical examinations are required.
• Settlement Negotiations: Settlement negotiations typically take 3-6 months after reaching maximum medical improvement for claims against the at-fault driver.
• Litigation Timeline: If your case requires filing a lawsuit, it may take 1-2 years or longer to resolve in the court system.
• Documentation Delays: Missing or incomplete documentation can delay the process for weeks or months until all required papers are properly submitted.
• Medical Treatment: The timeline often depends on the duration of your medical treatment and when doctors can provide a clear prognosis about your ability to return to work.
• Multiple Insurers: Cases involving multiple insurance companies may take longer due to additional investigation and coordination requirements.
• Appeal Process: If your claim is initially denied, the appeal process can add 30-60 days or more to your timeline.

At Arye, Lustig & Sassower, P.C., we work diligently to expedite the process and secure your lost wage benefits as quickly as possible. However, it's important to prioritize getting full compensation over quick resolution, as rushing the process could result in reduced benefits.

What Qualifies as Lost Wages After a Car Accident?

Lost wages after a car accident can take many forms beyond just your regular paycheck. Here's a comprehensive breakdown of what qualifies as lost wages in a car accident claim:

• Base Salary or Hourly Wages: The regular income you would have earned from your normal work schedule during your recovery period.
• Overtime Pay: Any consistent overtime earnings you can prove you regularly received before the accident based on your work history.
• Bonuses and Commissions: Expected earnings from performance-based compensation you missed due to your injury-related absence.
• Self-Employment Income: Lost revenue from your business operations, including canceled contracts and missed business opportunities you can document.
• Fringe Benefits: The value of work benefits you lost while unable to work, including health insurance contributions, retirement matches, and accrued paid time off.
• Seasonal or Contract Work: Income from seasonal jobs or contract positions you had to forfeit due to your injuries.
• Future Earnings: Potential income losses if your injuries prevent you from returning to your previous position or require a lower-paying job.
• Professional Development: Lost opportunities for advancement, including scheduled promotions, raises, or training programs you couldn't attend.

Remember that documenting these losses is crucial for your claim. Keep detailed records of your pre-accident earnings and maintain copies of any documentation showing missed work opportunities during your recovery period.

Lost Wages After a Car Accident FAQs

• How long is my medical documentation valid for a lost wages claim?
  Medical documentation supporting your inability to work typically needs to be updated every 30-45 days or as specified by your insurance policy. Your healthcare provider should document ongoing disability and treatment progress.
• Can I claim lost wages if I was between jobs when the accident occurred?
  If you had a job offer or can prove you were actively seeking employment with documentation of interviews and applications, you may be able to claim lost wages based on your employment history and potential earnings.
• What happens if my employer goes out of business during my recovery?
  You can still claim lost wages using previous pay stubs, tax returns, and other documentation from when the business was operating. Your employer's status doesn't invalidate your right to compensation.
• Do I have to exhaust my sick leave before claiming lost wages?
  No, you are not required to use your sick leave or vacation time before claiming lost wages. However, if you do use paid time off, you may be able to claim its value as part of your compensation.
• Can undocumented workers claim lost wages after a car accident?
  Yes, undocumented workers in New York can claim lost wages after a car accident. Immigration status does not affect your right to compensation for injuries caused by another's negligence.
• What if my injuries force me to change careers?
  You may be entitled to compensation for vocational rehabilitation, training costs, and the difference in income between your previous and new career paths if your injuries prevent you from returning to your former occupation.
• Does working part-time during recovery affect my lost wage claim?
  Working part-time during recovery doesn't disqualify you from lost wage benefits. You can claim the difference between your pre-accident earnings and what you're able to earn while recovering.
• Can I claim lost wages if I'm paid in cash?
  Yes, but you'll need to provide additional documentation such as tax returns, bank deposits, or written statements from your employer to prove your typical earnings.
• What if my employer won't provide documentation for my lost wages?
  If your employer is uncooperative, we can try to use tax records, bank statements, colleague statements, and other alternative documentation to prove your lost wages claim.
• How are lost retirement contributions calculated?
  Lost retirement contributions are calculated based on your employer's matching policies and your typical contribution rates, including any lost growth or investment returns during your period of disability.

How Do I Document Lost Wages After a NYC Car Accident?

Properly documenting lost wages is crucial for maximizing your compensation after a car accident. Here's a comprehensive list of the documentation you'll need to support your claim:

• Pay Stubs: Recent pay stubs from before the accident showing your regular wages, overtime, and other compensation.
• Employment Verification Letter: A formal letter from your employer confirming your position, salary, work schedule, and the time you missed due to injuries.
• Doctor's Notes: Medical documentation stating your injuries prevent you from working and specifying how long you need to remain off work.
• Tax Returns: Previous years' tax returns demonstrating your consistent earning history, especially important for self-employed individuals.
• Medical Records: Complete records of your injuries, treatments, and medical appointments that show why you couldn't work.
• Attendance Records: Documentation from your employer showing your work absences directly related to the accident and recovery.
• Commission Statements: Records of your typical commission earnings and documentation of lost sales opportunities during your recovery.
• Business Records: For self-employed individuals, contracts, invoices, and business records showing typical income patterns and lost opportunities.
• Disability Documentation: Short-term or long-term disability paperwork filed with your employer or insurance company.
• Calendar Records: Personal or business calendars showing canceled meetings, appointments, or work commitments due to your injuries.

To ensure you receive full compensation for your lost wages, gather these documents as soon as possible after your accident. Keep organized copies of everything and consider working with a car accident lawyer who can help ensure your documentation meets legal requirements and effectively supports your claim.

How to Claim Lost Wages from Car Accidents in New York

Filing a claim for lost wages after a car accident involves several key steps. Here's a detailed guide on how to ensure you properly claim your lost income:

• Seek Emergency Care: Get immediate medical attention for your injuries and follow all treatment recommendations, documenting every healthcare visit.
• Call Police: Ensure law enforcement creates an official accident report, which will be crucial for your lost wage claim.
• Contact a Car Accident Lawyer: Schedule a consultation to discuss your case and understand your rights to lost wage compensation under New York law.
• Report the Accident: File reports with all relevant insurance companies about the accident and your resulting inability to work.
• File No-Fault Application: Submit the No-Fault application (Form NF-2) within the critical 30-day deadline to protect your rights.
• Gather Documentation: Collect comprehensive proof of income, including pay stubs, tax returns, and employer verification letters.
• Obtain Medical Proof: Secure documentation from healthcare providers linking your injuries to your inability to work.
• Calculate Your Losses: Document and calculate all lost wages, including salary, overtime, bonuses, and benefits.
• Submit Wage Verification: Complete and submit the No-Fault wage verification form (Form NF-6) with all required signatures.
• Track Ongoing Losses: Maintain detailed records of all continuing wage losses throughout your recovery period.
• Consider Additional Claims: Evaluate filing claims against the at-fault driver's insurance for losses exceeding No-Fault coverage.

Your health and safety should always be the top priority after a car accident. Once you're stable, seeking legal representation helps protect your rights and ensures proper handling of your lost wage claim. it is best if you have the experience and expertise of our law firm to help guide you in completing and filing the necessary documents to assert your claim for lost earnings.

Common Mistakes to Avoid When Making a Claim for Lost Wages Due to a Car Accident

Certain mistakes can significantly impact your claim when seeking compensation for lost wages after a car accident. Here are the key errors to avoid:

• Delayed Medical Care: Waiting to seek medical treatment can make it harder to prove your injuries prevented you from working and may reduce your compensation.
• Poor Documentation: Failing to keep detailed records of missed work days, medical appointments, and wage information can weaken your claim for lost income.
• Missing Deadlines: Failing to file your No-Fault application within 30 days or missing other important insurance deadlines can result in claim denial.
• Incomplete Income Records: Not gathering all forms of income documentation, including overtime, bonuses, and commission records, can lead to undervalued compensation.
• Inconsistent Medical Follow-up: Skipping doctor appointments or not following prescribed treatment plans can give insurance companies reason to question your inability to work.
• Social Media Posts: Sharing activities on social media that contradict your claimed injuries and inability to work can severely damage your case.
• Accepting Early Offers: Taking the first settlement offer without understanding the full extent of your future lost wages can leave you under-compensated.
• Independent Communication: Speaking directly with insurance adjusters without legal representation can lead to statements that harm your claim.
• Insufficient Medical Documentation: Not getting proper medical documentation explicitly stating why you cannot work can make proving your lost wage claim difficult.
• Overlooking Benefits: Failing to account for lost benefits, such as health insurance contributions or retirement matches, when calculating lost wages.

Avoiding these mistakes can significantly strengthen your claim for lost wages. Consider working with a car accident lawyer who can help you navigate the claims process and ensure you don't overlook important aspects of your compensation.

Who Pays for Lost Wages in a Car Accident?

In New York, multiple sources may be responsible for paying your lost wages after a car accident. Here's a comprehensive breakdown of who may be responsible for compensating your lost income:

• No-Fault Insurance: The no-fault car insurance provides initial coverage for lost wages, typically paying up to 80% of your lost earnings up to a maximum monthly amount.
• At-Fault Driver's Insurance: The negligent driver's liability insurance may cover additional lost wages beyond your No-Fault benefits through a personal injury claim.
• Personal Disability Insurance: If you have private short-term or long-term disability insurance, these policies may provide additional wage loss coverage.
• Employer Disability Benefits: Your employer's disability insurance policy may cover a portion of your lost wages while you recover from your injuries.
• Workers' Compensation: If your accident occurred while working, workers' compensation insurance should cover your lost wages and medical expenses. However, if the amount of no-fault benefits to which you are entitled exceeds the amount of workers' compensation benefits, then you are entitled to both, and you should be able to file for both.
• Umbrella Insurance: Additional coverage may be available through umbrella policies held by either you or the at-fault driver.
• Multiple Vehicle Policies: In accidents involving multiple vehicles, you may be able to claim against several insurance policies.
• Self-Funded Plans: Some large employers provide self-funded disability plans that can cover lost wages after an accident.
• Government Benefits: In cases of long-term disability, you may qualify for Social Security Disability Insurance (SSDI) benefits.
• Uninsured Motorist Coverage: If the at-fault driver lacks insurance, your own uninsured motorist coverage, or the MBIC, may pay for lost wages.

How is the Amount of Lost Wages Calculated?

In New York City, calculating lost wages after a car accident involves several different factors and methods depending on your employment situation. Here's a detailed breakdown of how these calculations are typically made:

• Basic Salary Calculation: For salaried employees, we divide your annual salary by 52 weeks (or 260 workdays) to determine your daily rate, then multiply by missed workdays.
• Hourly Wage Computation: For hourly workers, we multiply your regular hourly rate by average weekly hours, including consistent overtime patterns from previous months.
• Commission-Based Income: We analyze your earnings history from the past 12 months to establish average monthly commissions, then calculate lost potential earnings during your recovery.
• Self-Employment Earnings: For business owners, we review prior tax returns, business records, and contracts to determine average daily or weekly income before the accident.
• Benefits Value: We calculate the monetary value of lost benefits, including health insurance contributions, retirement matches, and paid time off accrual.
• Regular Bonuses: We include predictable bonuses by averaging your bonus history and prorating the amount for your disability period.
• Overtime Patterns: Regular overtime is calculated using your history of overtime hours and pay rates from several months before the accident.
• Future Income Loss: For long-term injuries, we project future lost earnings based on your career trajectory, industry standards, and expected promotions.
• Seasonal Variations: We account for seasonal income fluctuations by analyzing earnings patterns throughout the year before your accident.
• Part-Time Work: Multiple job income is combined to calculate total lost wages if you held more than one position at the time of the accident.

At Arye, Lustig & Sassower, P.C., we seek to ensure all these factors are properly documented and calculated to maximize your compensation. Remember that New York No-Fault insurance typically covers 80% of lost earnings up to $2,000 per month, but additional compensation may be available through other claims.

How a Car Accident Lawyer Can Help Get You Compensated for Lost Wages

A car accident lawyer is crucial in helping you recover lost wages after an accident. Here's how we can assist with your lost wages claim:

• Calculate Full Compensation: We seek to ensure that all forms of lost income, from basic wages to bonuses, benefits, and future earning potential, are included in your claim.
• Handle Insurance Companies: Our lost-wage lawyers will manage all communication with insurance adjusters, protecting you from making statements that could hurt your claim.
• Meet Critical Deadlines: We aim to file all necessary forms and documentation within the required timeframes, including the crucial 30-day No-Fault application deadline.
• Gather Strong Evidence: Our car accident lawyers will collect and organize necessary documentation, from medical records to employment verification and wage information.
• Prove Work Limitations: We work with medical professionals to clearly document how your injuries prevent you from performing your job duties.
• Challenge Claim Denials: We may appeal denied claims and fight for your right to fair compensation when insurance companies dispute your lost wages.
• Document Self-Employment: We help self-employed individuals prove their lost income through business records, contracts, and historical earnings.
• Negotiate Settlements: We negotiate with insurance companies to ensure you receive fair compensation for all current and future lost wages.
• File Legal Action: When necessary, we pursue litigation against at-fault parties to recover compensation beyond No-Fault benefits.
• Project Future Losses: We work with economic experts to accurately calculate future lost wages if your injuries result in long-term work limitations.

At Arye, Lustig & Sassower, P.C., we understand the financial stress of being unable to work after an accident. Our dedicated team will fight to ensure you receive the full compensation you deserve for your lost wages.

When to Consider Hiring a Car Accident Lawyer

As a general rule, the sooner you contact a car accident lawyer, the sooner that you can benefit from the lawyer's expertise and experience. Here are the key situations when you should consider hiring a car accident lawyer to help with your lost wages claim:

• Severe Injuries: Your injuries require extensive medical treatment or rehabilitation, preventing you from returning to work for an extended period.
• Complex Documentation: You're having difficulty gathering proper documentation or calculating your total lost wages, especially if you're self-employed or earn commissions.
• Insurance Disputes: The insurance company is denying your claim, offering a low settlement, or disputing the extent of your lost wages.
• Multiple Parties: Your accident involves multiple vehicles, commercial trucks, or government entities, complicating the claims process.
• Permanent Disabilities: Your injuries result in permanent limitations that affect your future earning capacity or ability to return to your previous job.
• Delayed Recovery: Your recovery is taking longer than expected, leading to additional lost wages beyond your initial estimate.
• Employer Issues: You're experiencing difficulties obtaining necessary documentation from your employer or facing pressure to return to work prematurely.
• Policy Limitations: Your losses exceed your No-Fault coverage limits, requiring additional claims against the at-fault driver.
• Pre-existing Conditions: You had pre-existing medical conditions that the insurance company is using to dispute your current inability to work.
• Missed Deadlines: You're approaching important filing deadlines or have concerns about meeting legal requirements for your claim.

Don't wait until problems arise with your claim. At Arye, Lustig & Sassower, P.C., we recommend consulting with a car accident lawyer as soon as possible after your accident to protect your rights and maximize your compensation for lost wages.

Get Help Recovering Your Lost Wages Today

If you've lost wages due to injuries from a car accident in New York City, don't wait to seek legal assistance. At Arye, Lustig & Sassower, P.C., we understand the financial stress you're facing, and we're here to help you recover every dollar you deserve. Contact us online for a consultation to discuss your case.