When you suffer an injury as a result of another person’s negligent actions, whether you are hurt in a car crash, slip and fall, or attacked by a dog, it may leave you with injuries so severe that you are unable to work. Unfortunately, this can contribute to the financial strain that accidents can have, as you may worry about how you will pay your medical bills if you cannot work. If your injury is preventing you from going to work, you should consider your options regarding how to recover lost wages and other associated damages. In many cases, you can collect compensation for your loss of income. However, the specifics depend on the circumstances of the accident. Work with a Pikeville, KY personal injury lawyer for skilled representation and legal advice.
Can I Recover Lost Wages After an Injury in Kentucky?
Yes, it is possible to recover lost wages if you can’t work after an accident and injury. However, your options to pursue lost income under Kentucky law will depend on how and where the injury occurred, as well as the level of insurance coverage involved.
What Are Lost Wages and Lost Earning Capacity?
When you are unable to work as a result of an injury caused by another person, it can result in lost wages, which refers to the income you are unable to earn because of your injuries. However, in the event that your injuries are severe and long-term, it can also impact your ability to earn compensation in the future.
Key Considerations
- Hourly wages and salary missed during recovery
- Overtime pay, bonuses, or commission you could not earn
- Paid time off, sick leave, and other employee benefits were used because of the injury
- Reduced earning capacity if your injuries inhibit your ability to work
How Can I Recover Lost Wages After an Injury in Pike County?
There are multiple legal and insurance-based methods to help you recover compensation for damages. However, the exact avenues you can pursue to recover compensation will depend on the circumstances of and type of injury you suffered, as well as your employment situation.
Recovery Options
- Liability insurance: If another person’s negligence or recklessness caused your accident, you can file a claim against their liability insurance. This can work for auto accidents or premises liability claims.
- PIP insurance: In an auto accident, PIP (personal injury protection) insurance can also compensate you for lost wages. PIP is a no-fault insurance required for all drivers under Kentucky state law. This protection provides coverage for economic losses associated with an injury after an accident, including medical expenses and lost wages. You can file a claim with your insurance provider under PIP.
- Personal injury lawsuit: You may also be able to file a lawsuit against the negligent party, whether it was another driver, property owner, the local government, etc. Through an injury lawsuit, you can collect compensation for a variety of damages, one of which is a loss of income due to time taken off work as a result of an injury.
- Workers’ compensation: If your accident and injury were sustained at work or while performing the required functions of your job, you may be able to file a workers’ compensation claim. Workers’ comp is designed to cover medical expenses, rehabilitation costs, and lost wages for employees injured while on the job. If your injury is work-related, consider filing a workers’ compensation claim.
How Does Kentucky’s No-Fault Insurance Impact Lost Wage Claims?
Kentucky is a no-fault car accident state. As such, all drivers are required to carry a minimum Personal Injury Protection policy. In the event of an accident, regardless of who is at fault, each driver will file a claim with their own insurance first. However, there are limitations and exceptions that those injured in a car accident should be aware of.
PIP policies can cover a portion of an injury victim’s lost wages and medical expenses. However, for those who have suffered serious and long-term injuries, pursuing a lawsuit against the negligent party may be required to recover the full compensation deserved.
What Evidence Is Needed to Prove Lost Wages in Pike County?
Regardless of the avenue you take to recover lost wages, providing enough evidence to substantiate your claim is critical to ensure you can collect compensation. In general, you’ll need documentation that shows that the injuries have impacted your ability to work, whether it be for a limited time, in a reduced capacity, or inability to return to work at all.
Evidence Commonly Utilized in Lost Wage Claims
- Medical records explaining your injuries and the impact they have on your ability to work
- Verification from your employer outlining the duties of your job, as well as the amount of work you missed
- Past paychecks or tax returns establishing your income and the amount of money you missed out on
- Testimony from medical and economic experts
Why Are Lost Wage Claims So Complicated in Kentucky?
Unfortunately, lost wages and reduced earning capacity claims are not as straightforward as they may seem. These cases often involve disputes regarding how long recovery should take, the permanency of injuries, and the amount of income actually lost.
Insurance companies often challenge or dispute these claims as a means of reducing their financial losses when compensating an injury victim for the damages they have suffered.
Contact an Experienced Pike County Personal Injury Attorney
If you have suffered injuries that have impacted your ability to work and earn a living, obtaining legal representation is critical in the fight for the justice you deserve. At Shane Hall Attorney at Law, PLLC, we understand how complicated these matters can be to navigate, especially while you are healing from the injuries you’ve suffered due to a negligent party. As such, our firm will do everything in our power to help you recover the justice and compensation you deserve. Contact us today to learn how we can assist you.
