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Holland & Usry, P.A.

Can I be repaid for income lost as a result of an accident injury?

Yes, but you’ve got to be able to prove you lost wages as a result of the accident.

And before we go any further, if your accident happened at work, your case works different because it’s likely a workers’ compensation case; see our article on recovering lost wages in workers' comp. BUT you might get more than comp offers if you got hurt at work by someone besides a co-worker—for example, if you were injured in car crash. If you qualify for one of these cases under comp law, you do stand to recover the full amount of wages you lost from the accident. For more info, read our article on how you can sue non-coworkers, called "third parties", who hurt you at work.

Here’s how you can recover lost wages from non-work accidents works in South Carolina:

  • Who qualifies? Only the accident victim can recover lost wages, even though their spouses often miss a lot of work caring for the victim. Spouses naturally help out more at home, like taking off work early to get children to ballgames and other activities an injured spouse can’t. But you can be compensated for damage to your mariage caused by your spouse's injuries.
  • The accident must have caused the loss in income. Insurance companies will fight you if you can’t prove the accident forced you to miss work. That’s why we work to assure everyone every penny is legitimate. The very best way to do that is a copy of your doctor’s orders or medical records showing the doctor ordered you to stay out of work while you recovered—or gave you work restrictions so you just couldn’t do your job.
  • Lost wages can include doctor and therapy visits. When you have to miss work in order to keep a appointment for treatment, the income you lose can be recovered in your accident claim.
  • You must have records to prove the amount of money you forfeited. Naturally, this is an important part of proving your claim, and we take great care to help you document your lost income. We have a form we use for employers to verify the dates and times you missed work, with a place for the employer to calculate the amount of wages you lost from the accident. That way, the insurance company has an independent measure of your lost income from the expert in it—the one who actually writes your paycheck. It also strips the insurance company of the argument you made it up or you can’t prove it. We’ve got a clear, simple form signed by a company officer. That’s undeniable proof.
  • If you’re not a factory worker or hourly employee, the calculation can be more complicated. What if you’re paid by salary, or you earn commissions? We might need your tax returns and even an independent accountant to determine the income lost as a result of your accident. And that’s yet another reason to get a lawyer if you’ve been seriously hurt. We know how to find the people who can help you the most, so you don’t have to worry about it and you can be assured you’re not getting shortchanged.
  • You also may deserve compensation for future earnings if your injury is permanent. A serious physical injury or a brain injury can limit your job options for the future—or make you unable to work ever again. Sadly, some injuries are so extreme they can’t be overcome. We help folks when spine, brain, or other severe injuries prevent them from doing the jobs they always did.

More on Permanent Changes in Your Ability to Work

Lost wages can include pay reductions you suffer when you can’t do your primary job but take another one with fewer physical or mental requirements. We always encourage productivity—it shows you’re a fighter trying to overcome your injuries. Plus it can really make you feel better as a person that you’re contributing to work even though you’re not at full strength.

Tragically, sometimes the lasting effects of your accident prevent you from doing any job.

If accident injuries leave you permanently disabled or stuck with a lower-paying job, we’ll consider hiring an expert called a vocational consultant. Basically, vocational consultants can help prove your inability to work—or, if you can only work a lower-paying job, they can assess the amount of wages you’ll lose as a result.

To give you the best chance at recovering the most in these cases, we’ll obtain medical records or even a doctor attestation supporting your inability to work, to strip the insurance company of the argument you’re making this up or can’t prove it.

No doubt about it, the insurance companies fight the worst injuries the hardest because it makes them do what they hate—pay out large amounts to compensate grievously hurt people for permanent damage.

Full Disclosure: Taxes

One thing we can’t help with is taxes for a lost wage settlement. We’re lawyers, not accountants! Only an accountant can tell you whether you’ve got to pay taxes on a settlement for lost wages. If you’re hurt seriously, taxes are the least of your worries, and we handle the legal worries.

Yep, This Is Complicated—But We’re Here to Help

It’s bad enough you got hurt bad, and now it seems like you’re the bad guy having to prove you did nothing wrong just to recover income and other compensation for your injuries.

That’s why it helps to have a professional in your corner. It’s our job, not yours, to gather all the proof necessary to make a convincing case to recover your lost wages. We can compile your medical records for the medical evidence to support your claim, contact your employer to get the proper forms filled out so you don’t have to be anxious or embarrassed about it, and, if needed, bringing in experts to calculate complex income losses.

If you’re concerned about recovering lost wages from accident injuries, or have any other questions related to a legal claim, feel free to start a live chat right where you are or just send us an email. We’d be glad to set you up with a free strategy session to get your questions answered by an attorney who can handle your case.

 

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