Legal Law

Insurance claim: collect your lost wages

A couple of months ago, you were cruising down the avenue, minding your own business, when out of nowhere this clumsy, stumbling man named Freddie Fuddle flew through a stop sign and crashed into you with a gigantic, ripping roar. . , screeching from the side. He was wearing a seat belt, but it was still a thunderous crash that tore him apart and slammed into the interior of his motor vehicle with something fierce!

Now, after a long period of recovery, Fuddle’s insurance company, Granite Mountain Insurance, is clamoring to close the case and they have assigned claims adjuster IM Strong to handle his case. You and Strong are sitting at your kitchen table talking about your clearance dollars. Turns out you have some issues with your loss of income. Well here are some things you need to know:

Lost wages are one of the most important items in your damages. Listen carefully to me when I say, “You shouldn’t think of days you missed from work as lost time and earnings. It is not lost time or earnings, but lost earning capacity.”

You ask, “What is loss of earning capacity about? I thought I could only collect my lost income.” The answer to that is: “In many situations, you can claim the loss of income, EVEN IF YOU HAVE NOT LOST A SINGLE Penny.” For example, this may happen when your wages are paid because you chose to apply for your due sick leave, or because of a health and accident policy available for you to take advantage of, or some other similar arrangement.

In most cases, even if you were paid while you were out of work, you still have to get that money routinely identified as lost wages. Why? Because that’s your lost earning capacity. Your lost earning capacity is what is called compensatory damage. Don’t let Strong get you out of that Compensatory Damage. Even if you have received income, in some other way, you are still entitled to receive it. Strong will go out of his way to take advantage of you, especially when it comes to getting paid for your lost earning power. During the course of every deal negotiation you get involved in, you’ll try that tactic to expand your size, and it’s mind-boggling how often you get away with it.

The typical statement made at that time by the unsuspecting claimant is: “Hey, I understand that I will be paid for my lost wages.”

Strong Answers: “You raised $ 200.00 a week from your accident and health policy, didn’t you?”

“Yes, but my average weekly income last year was $ 275.00 a week.”

“Okay,” IM Strong flashes a well-practiced, winning smile, telling him he’s a fair insurance claims adjuster, when in his black heart he knows he’s not, “We’ll pay you that $ 75.00 per week difference. Look, you stayed in bed and couldn’t work for 5 weeks. 5 times $ 75.00 is $ 375.00. Don’t worry, my friend, I’ll see that you get paid that $ 375.00. “

“Wow!” you think, “that’s great!” You are very excited about this great turn of events. But what you don’t know is that the $ 200.00 a week that you have received from your health and accident policy has absolutely nothing to do with your loss of income. I just cheated on you with a thousand dollars! And worse than that, the $ 275.00 a week earnings you lost (totaling $ 1,375.00) would have given your case (in court of law) $ 4,000.00 to $ 5,000.00 plus settlement dollar value.

DOCUMENTING LOST INCOME: Ask the company you work for to write a letter on their official stationery stating your gross earned income and the days you missed from work.

BIG PAY VS. NET PAY: You must collect the “gross” wages you lost, not the “net” wages.

TOTAL DISABILITY and / or PARTIAL DISABILITY: For each week of total disability (a fact that should be noted in your doctor’s Final Medical Report), you must use your gross weekly income, even if you were paid! (For each week of Partial Disability that your doctor indicates in that Final Medical Report, you are entitled to claim a substantial percentage of your income, during that period, even if you did not lose any).

Because the following five points add value to your claim, be ready to talk to Smart and, whenever possible, show:

(1) If your job requires heavy lifting and / or lifting. (2) If you missed any vacation time or sick leave. (3) If there were any possible losses of money that you could have earned in the future, either with your business or perhaps with other income, you have bubbling and boiling aside. (4) If I had to give up the bonuses. (5) If he had missed an opportunity, that would have led to a better job.

If any of the five points above are true, your claim is worth more money!

THE CRUCIAL MEDICAL REPORT: Granite Mountain Insurance Company and Adjuster IM Strong know that the longer your recovery period, the greater your “pain and suffering”, therefore, the greater the settlement value of your claim. for bodily injury. Your chiropractor or treating physician should also record this in your Final Medical Report. Have her tell you exactly how long it will be before she can return to routine activities like golf, hunting, fishing, and / or rock and roll with her friends.

As long as you’re having trouble, keep going back to see your doctor, over and over again, even if it drives the poor son of a bitch crazy! Do this because the fact that your records show a visit to him, four, eight or twelve weeks after the accident, shows that his injury required constant attention, which is why he was unable to work. Also because, when you visit your doctor and tell you that there is no relief from your pain, discomfort, stiffness or immobility, those ongoing problems should be written down in the Medical Report that you will be provided when you have finished treatment. That’s the one he’ll hand over to Adjuster Smart when the two of you start talking about turkey. As you read it, you will see him frown and then pale as that arrogant smile disappears from his face. When you see him do that, you will know that you “got it”.

DISCLAIMER: The sole purpose of this claim tip is to help individuals understand the motor vehicle accident claim process. Neither Dan Baldyga nor Article City makes a guarantee of any kind; NI intend to participate in the provision of any professional or legal services; NI to substitute for an attorney, insurance adjuster, claims advisor, or the like. When such professional help is desired, it is THE INDIVIDUAL’S RESPONSIBILITY to obtain such services.

Dan Badyga’s latest book, Car Accident Personal Injury Insurance Claim (How to Assess and Resolve Your Loss) can be found at

Copyright (c) 2003 by Daniel G. Baldyga. All rights reserved

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