Wage Loss After an Auto Accident: Who Pays and What You Need
Missing work after an accident can be financially overwhelming. Whether you are hourly, salaried, or relying on your business income, the loss of wages adds stress at a time when you should be focused on healing. Attorney Joebeth Bowers explains how wage loss works in a Maryland auto accident claim, where the money comes from, and what documentation is required to make a valid claim.
What Qualifies as a Wage Loss Claim
For most W2 employees, wage loss claims come down to three essential requirements.
First, a medical provider must take you off work. A doctor needs to issue a written note stating that, due to your injuries, you are unable to perform your job duties for a specific period of time. This is not optional. You cannot simply decide on your own to stay home from work and expect to be compensated.
Second, you must actually miss work. Insurance companies verify this. If you continue working, even remotely, you are not considered disabled from work. Hybrid and work from home arrangements can complicate matters, but the rule remains the same. If you are working, you are not off work.
Third, your employer must complete a wage verification form. This form confirms your rate of pay, employment status, and the exact time missed due to the accident. This is typically handled by human resources or the same person you would normally request time off from.
All three elements must be in place for a wage loss claim to move forward.
Why You Cannot Bend the Rules
Attempting to work while claiming wage loss is a serious mistake. Insurance companies will confirm attendance with employers. Claiming lost wages while still working is fraud and can jeopardize your entire case. Following medical restrictions is also critical for your health and for the credibility of your claim.
The First Source of Wage Loss: PIP Coverage
In Maryland, Personal Injury Protection coverage is usually the first place wage loss payments come from. If you contact Attorney Joebeth Bowers’ office early, the goal is to protect as much of your PIP benefits as possible for wage loss.
Some insurance companies operate on a first in, first out system and may not reserve funds. Others are more flexible. Either way, acting quickly matters.
PIP pays 85 percent of your pre tax wages, up to your policy limit. If you waived PIP coverage, there is no wage loss payment available through this source. That is why not waiving PIP and increasing it when possible is so important. Some carriers offer up to ten thousand dollars in PIP coverage for a relatively small premium increase.
What Happens When PIP Runs Out
When PIP is exhausted, lost wages do not disappear. Attorney Joebeth Bowers’ office tracks all missed time and includes wage loss as part of the overall settlement demand to the at fault insurance company.
Maryland law allows this without penalizing the injured person. Even if some wages were paid through PIP, additional wage loss can still be recovered in the settlement depending on the numbers involved. This is legitimate and allowed under Maryland’s evidentiary rules.
Disability Insurance and Reimbursement Issues
Some employers offer short term or long term disability coverage. While the office does not charge fees to manage those claims, guidance is often provided.
The key issue with disability insurance is reimbursement. Some policies have the right to be paid back from a settlement. Others do not. Insurers sometimes attempt to create reimbursement rights after the fact. Those attempts should be reviewed carefully before signing anything. Protecting settlement funds from improper reimbursement claims is a critical part of the process.
What If You Used Sick Time or Vacation
Using sick leave or vacation time does not eliminate a wage loss claim. Vacation time is finite. If you use it because of an accident, you lose the opportunity to use it later. That loss is compensable.
For salaried employees, the issue is lost productivity and performance impact. Missing work affects evaluations, raises, and advancement. Even if paychecks continue, those lost opportunities are real and can be factored into a claim.
Why Guidance Matters
Wage loss claims involve timing, documentation, and coordination between medical providers, employers, and insurance companies. Mistakes can delay payments or reduce recovery.
Attorney Joebeth Bowers’ office works to ensure wages are paid correctly, that PIP is used strategically, and that only valid reimbursement claims are honored. The goal is to maximize what ends up in the injured person’s pocket, not what leaves it.
Final Thoughts
If you are injured and missing work, wage loss can be one of the most important parts of your claim. Knowing where money comes from, when it is paid, and what proof is required can make a major difference.
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