Recovering for Lost Wages

A: Yes, in many cases, you can. Wage/income loss is all actual past loss of income from the date of the accident to the day you return to work. You are entitled to recover all lost wages without deduction for taxes. 

Although you are entitled to compensation for time missed from work, it is important to keep in mind that your employer will need to verify that you could not work. Your medical provider must give you a "prescription" in the form of a documented work release to take time off work.  If you simply take off work without a doctor’s note, the insurer will often contest whether you were able to work or not.  

Additionally, if you claim that you cannot work as a result of injuries, you will have to prove how much money you lost as a direct result of the injury.  In other words, besides proof from your doctor that you needed to take that time off (e.g., work release verification), you will need a letter on your employer’s letterhead and/or copies of your pay stubs that will indicate how much time was taken and what your gross pay was for that period of time.

Remember, even if you used vacation or sick time, you are still entitled to your lost earnings for that period because you would not have used up your vacation and/or sick time but for being injured.