A common question that the lawyer receives is “am I entitled to the time if missed from work when i am in an accident?” The injury lawyer in Boca Raton (accident lawyer in Delray Beach, accident attorney in Deerfield Beach, injury lawyer in Boynton Beach, injury attorney in Pompano, accident lawyer in Lake Worth, accident attorney in Fort Lauderdale, personal injury attorney in West Palm Beach, accident lawyer in Hallendale, injury attorney in Palm Beach, injury lawyer in North Lake, accident attorney in Hollywood) will give a straightforward answer to this question.
Generally, if someone else causes an injury to another person and is negligent, they would owe damages. One of the items of damages that one can claim is for lost wages or loss of income or loss of earnings.
Simply, if you cannot work due to an injury that was someone else’s fault, then that person should owe you them money for the time you missed from work. So, by example, Mary hits John from behind in her car. John goes to the hospital and the emergency room physician advises John not to work for a week due to his lower back pain. John reports to his physician thereafter who keeps him out of work for another week. John goes back to work. If john earns $500.00 per week, then John would have a claim for $1,000.00 of wage loss against Mary.
Similarly, Mark is walking in a store. The store has a leak from the ceiling that it knows about but has not had the time to fix. They put no warnings of the leak or the build up of water. Mark falls and breaks his arm. He is unable to work for 10 weeks, as his job requires use of his arm. Mark eans $800.00 per week. John’s claim against the store is for $8,000.00.
Many other factors play into when an injured person can get their money. In a worker’s compensation case, in other words when someone is injured at work, you can receive 66 and 2/3 percent of your wages from the worker’s compensation insurance. In a car accident case, as referenced above, an injured person can collect 60 percent of their wages from their own PIP carrier (without regard to fault; so even someone at fault can collect wages from their own injured; the person not at fault would also have a claim for the 40 percent unpaid wages from the other person or their insurer). Sometimes people can collect from their sick leave if they have that at work or they can collect wages from any short term of long term disability insurance provided by their employers or purchased by the injured person prior to the loss.
Every case is different and must be judged on its merits and on the facts of the specific situation. It is a good start to get a complementary consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be of general matter and not as to a specific situation or your specific case, so please call a licensed Florida attorney, like the lawyer at Drucker Law Offices, to determine if and how Florida law applies to your case.
If you have any questions regarding an injury case, please call Drucker Law Offices at 561-483-9199 in the principal office, 954-755-2120 in the satellite Coral Springs office, 305-981-1561 at the satellite Miami office, 561-265-1976 at the Boynton Beach office or 561-686-7070 at the West Palm Beach office.
The statutes pertaining to lost wages in a car accident are posted below:
627.736(1)(b) Disability benefits.—Sixty percent of any loss of gross income
and loss of earning capacity per individual from inability to work proximately
caused by the injury sustained by the injured person, plus all expenses
reasonably incurred in obtaining from others ordinary and necessary services in
lieu of those that, but for the injury, the injured person would have performed
without income for the benefit of his or her household. All disability benefits
payable under this provision shall be paid not less than every 2 weeks.
(10)(b)3. To the extent applicable, the name of any medical provider who
rendered to an insured the treatment, services, accommodations, or supplies that
form the basis of such claim; and an itemized statement specifying each exact
amount, the date of treatment, service, or accommodation, and the type of
benefit claimed to be due. A completed form satisfying the requirements of
paragraph (5)(d) or the lost-wage statement previously submitted may be used as
the itemized statement. To the extent that the demand involves an insurer's
withdrawal of payment under paragraph (7)(a) for future treatment not yet
rendered, the claimant shall attach a copy of the insurer's notice withdrawing
such payment and an itemized statement of the type, frequency, and duration of
future treatment claimed to be reasonable and medically necessary.
