After an accident, victims have the right to seek compensation for a number of different reasons, including for lost wages. However, although you have a right to seek compensation for this unfortunate expense — it is not automatically granted to you. There is a process by which you have to prove and collect this benefit. Learn more if you plan to file for compensation.
Proof of Valid Loss
An important threshold in the process of collecting compensation for lost wages is to prove that you have a valid loss. Unfortunately, not every incident of lost income is valid, in terms of an accident claim. For a loss to be valid, it must be directly linked to the proven reason for which you are unable to work.
For example, a victim with two broken legs would generally fall into this category. However, someone who does not go to work because they simply feel uneasy about riding in a vehicle might not qualify for a documented loss, unless this anxiety or anxiousness is classified as a medical injury that is the result of the accident.
Direct Cause Threshold
Another factor to consider is the direct cause threshold. When it comes to missed time from work, many insurance companies will require that the injury behind your inability to work be directly related to the accident. Take someone who previously broke their leg, for example.
If the accident agitated the injury, the insurance company may do everything in their power to deny the lost income wage, as they will argue that the reason the person is unable to work is due to a past injury. For instances that involve a previous injury that has been agitated, it is best to have an attorney on your behalf to fight for you.
It is also helpful to understand that the manner in which insurance companies calculate lost wages may not be as simple as adding up your most recent pay stubs and calculating an average.
For example, an hourly worker who switched from full-time hours to part-time hours just days before the accident could be paid at a lower hourly rate. It is important to make sure you are compensated accurately for your loss. Again, partner with an attorney to make certain your wages are calculated correctly.
Fortunately, an attorney can assist you with every step of the process, from proving your lost wages to calculating them correctly. If you have additional questions, reach out to a company like Law Office of Robert karwin.