A serious car accident can trigger a number of expenses. Of course, your medical bills can quickly skyrocket. When you’re seriously hurt, you might also be unable to work.
One of the most common questions accident victims ask is “can I be reimbursed for lost wages after a car accident?”
Our experienced car accident attorneys at Rosenbaum & Rosenbaum, P.C. are here to help you understand your right to lost wage reimbursement after an accident. Schedule a free consultation today to learn more.
Why is it Important to Hire a New York City Personal Injury Lawyer if You’re Out of Work Due to a Car Accident?
The efforts of your doctor and medical team are critical to your recovery after a car accident.
In many cases, rest and relaxation can be equally important. You have to give your injuries time to heal–and probably won’t be able to juggle your job duties while you’re recovering from your injuries.
Despite New York’s no-fault insurance law, getting money in your pocket can be an uphill battle. It might be one that you’re not prepared to fight while you recover from a serious injury.
One simple mistake in your insurance paperwork can give the insurance company an excuse to deny your claim entirely.
If an injury prevents you from working, our experienced NYC personal injury attorneys at Rosenbaum & Rosenbaum, P.C. will:
- Investigate to find out what caused your accident
- Use evidence of causation to identify all potential sources of compensation
- Build a strong case to show that your injury prevents you from working
- Handle all paperwork and negotiate with the insurance company to get the full lost earnings you deserve
- Fight back when the insurance company tries to scare you into accepting a lowball offer
Your bills can quickly begin to pile up if you’re hurt in an auto accident. We have over 40 years of experience helping clients through the insurance claims process. We’ll do everything we can to help you get the money you need as quickly as possible.
Ready to learn more? Help is just a phone call away. Call our law offices today to schedule your free consultation with an experienced NYC car accident attorney.
Where Do I Turn to Recover Lost Wages After a Car Accident in NYC?
You may have several options to recover compensation for lost income after a car accident in New York City. The available sources of compensation depend on the circumstances surrounding the crash. Three primary sources of compensation include:
- Your own personal car insurance policy
- The at-fault driver or responsible party
- Workers’ compensation
Our lawyers at Rosenbaum & Rosenbaum, P.C. are here to identify all available sources of compensation and help you through the claims process.
No-Fault Insurance in New York
New York is a no-fault insurance state. All drivers are required to carry $50,000 in no-fault coverage.
No-fault insurance, or personal injury protection (PIP) coverage, provides reimbursement for medical bills and lost wages after a car accident regardless of who caused the accident.
In other words, you’re entitled to be reimbursed for lost wages under the no-fault law even if the accident was your own fault.
You don’t have to show that someone was negligent.
Under Section 5102 of the New York Insurance Law, your own no-fault coverage will only pay 80% of your lost earnings after a car accident. Your ability to recoup lost wages from your own car insurance company is, however, limited even further.
The following limitations apply:
- Your lost wage reimbursement is capped at $2,000 per month
- You’re only entitled to wage reimbursement for a maximum of three years
- The $50,000 policy coverage limit could be maxed out by your medical bills alone
You have to provide the no-fault insurance company with information about your claim within 30 days of the crash.
The process for submitting your claim is complicated. Our lawyers are here to simplify the claims process in any way we can. Give us a call today to schedule a free consultation to get answers to your questions about wage reimbursement after a car accident.
Personal Injury Claim Against the At-Fault Driver
No-fault insurance is extremely valuable. However, it’s possible that your lost wages might exceed what your car insurance policy covers. Your disability may also extend well beyond the three-year limitations period in serious cases.
If someone else caused your accident, you may have the right to file a lawsuit and get additional wage reimbursement from the at-fault party.
You’re entitled to pursue your right to compensation against the at-fault driver if you suffered a “serious injury.”
New York insurance law defines serious injury to include:
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of the use of a body organ or member
- Significant limitation on the use of a body function or system
- A medically determined, non-permanent injury or impairment that prevents you from performing substantially all usual and customary daily activities at least 90 days during the 180 days immediately following the crash
Determining whether you satisfy the “serious injury” threshold is highly fact-specific. Our lawyers will evaluate your claim and medical records so that we can help you identify the best strategy for recovering the most compensation possible.
If the car accident happened while you were at work, you may also be able to file a workers’ compensation claim for wage replacement benefits. All NYC employers are required to carry workers’ compensation insurance.
Workers’ compensation will replace about ⅔ of your average weekly wages while you’re disabled.
Complex rules may require you to offset any wage replacement benefits that are also covered by no-fault insurance or recovered in a personal injury lawsuit. In other words, you won’t be able to recover wages above and beyond what you’ve actually lost because of the crash.
You’re Entitled to Lost Wages While You Recover From Serious Injuries
How long you’ll have to stay at home after a car accident depends on how serious your injuries were. Your time away from work will also depend on the type of work you perform. For example, workers in physically-intensive jobs might be off the job for longer than those with office jobs. Our lawyers can help regardless of the nature of your injuries. We regularly help clients who have suffered:
- Traumatic brain injuries
- Head and neck injuries
- Whiplash injuries
- Chest injuries
- Spinal cord injuries
- Back injuries
- Burn injuries
- Organ damage
- Broken bones
- Nerve damage
- Joint injuries
- Loss of limbs
- Catastrophic injuries
- Wrongful death of a loved one
New York insurance laws require you to provide medical evidence of your injuries in order to recover lost wages. Your doctor is required to submit certain specific paperwork and disability forms before you’re entitled to compensation.
Our lawyers can help with the complex procedural requirements. We’ll handle every aspect of your case. We want you to have peace of mind that your bills will be covered while you recover. Call us today to learn more about how we can help in your specific case.
How Do I File a No-Fault Insurance Claim to Be Reimbursed for Lost Wages?
Proving lost wages can be complicated. You’re required to submit a wage verification form that’s completed by your employer. The form contains details about your earnings, employment and whether you’re receiving any other disability benefits while you recover.
What Time Limits Apply?
The applicable time limits depend upon how you pursue your right to compensation. You only have 30 days to file a no-fault insurance claim for lost wage reimbursement.
The New York statute of limitations gives you three years to file a personal injury lawsuit against the at-fault party. You may also have the right to recover your loved one’s lost wages in an action for wrongful death. New York law gives you two years to file an action for wrongful death.
Once these time limits have passed, you lose your right to reimbursement for lost wages and income.
What Types of Losses Can I Be Reimbursed For After a Car Accident?
Insurance reimburses accident victims for a portion of their lost earnings. “Lost earnings” can mean more than just your actual wages. You may be entitled to reimbursement for lost:
- Employment benefits
- PTO, vacation or sick leave that you used while you recovered
- Reasonable and necessary expenses for services
Lost wages are classified as economic losses under New York personal injury law. You’re entitled to recover the full amount of your economic losses when someone else’s carelessness causes your accident.
Our lawyers will put in the work to make sure you get everything you’re entitled to receive. All you have to do is call to get the process started.
Contact an Experienced Lawyer to Learn More About Your Right to Be Reimbursed for Lost Wages After a New York City Car Accident
Insurance companies have plenty of tricks to make you believe you can’t be reimbursed for lost wages after a car accident. At Rosenbaum & Rosenbaum, P.C. our personal injury lawyers know how to fight back.
We’ve been helping accident victims across NYC recover fair compensation for lost wages, salary and employment benefits for over 40 years. Give us a call today to schedule a free consultation to learn more.