Can I Recover My Lost Wages Following an Auto Accident in Michigan?
If you find yourself unable to work or disabled resulting from injuries
sustained in an auto accident, you are eligible to receive payments to
help cover the income loss you have occurred. It’s only fair that you
get paid at least a portion of your income since the accident is the
reason for you not working. This type of reimbursement is part of a
first party claim under Michigan no-fault law. This means that if you
qualify, your own insurance company will be responsible for paying these
lost wages. You can qualify if you have been injured in an automobile
accident, motorcycle accident, truck accident or if you were walking or
riding a bike when struck by a vehicle and are experiencing a loss of
income because of the injuries.
Unfortunately, these payments are restrictive and only last for only 3
years following your accident and there is a set maximum amount which
you can receive. If you still need this wage loss reimbursement past
the three year period, you must file a 3rd party claim against the
driver responsible for the accident. Michigan law states that you are
only allowed to recover 85% of your gross income which you were earning
before your injury. Luckily, you can still qualify for these benefits
if you were temporarily unemployed or self-employed running your own
business. You can also qualify if the injury caused you to lose your
current job. As long as you are seeking employment after the loss of
your job, you can still qualify whether you are still disabled or not.
No-fault law also provides stipulations if you were about to receive a
raise or promotion. Your gross income will reflect this expected
increase in salary or pay as long as you have some way to prove a raise
or promotion was in line.
In order to qualify for wage loss benefits, you need to prove that your
injury prevents you from working and thus are suffering a loss in
income. You must submit your claim to your own insurance company and
you will also need a doctor’s approval stating that you are incapable of
working. This is usually accomplished by filling out an attending
physicians’ form and filing it when you make the initial claim to your
insurance provider. Another document which will be necessary is a wage
verification form. This form will tell the insurance company what your
actual wage is so your recovery payments can be calculated. This wage
verification form will be filled out by your employer in order to
substantiate your income.
You must submit your wage loss and income benefit claim within 1 year of
when the actual accident occurred. This is the statute of limitations
for this type of claim and if you wait longer than 1 year, you waive
your rights to this recovery regardless of the severity of your injury
and work situation. Many times your submission will be denied by your
insurance company even if you should qualify. Insurance companies know
that it’s a major hassle to hire a Lansing car accident lawyer and bring a lawsuit and many people will just
give up and quit which means larger profits! This is a profitable
strategy employed by them, and the only way to get your benefits is to
file a lawsuit against them.
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