A person who is disabled from injuries in a Michigan car accident are entitled to tremendous benefits, including payment of lost wages for up to three years after the accident. Attorney Daniel L. Buckfire in my office is considered a top Michigan No-Fault attorney. He is the author of “The Ultimate Michigan Car Accident Handbook” which has been called “the best book ever written for consumers on Michigan car accidents.” You can click here to order a free copy of his book.
In the book, Daniel discusses all of the available no-fault insurance benefits and answers the most frequently asked questions on Michigan car accident claims. His chapter on “Wage and Income Loss” provides this useful information. I have pasted below the chapter for your review. If you have any questions on your Michigan car accident case, feel free to contact us at anytime.
Wage and Income Loss
What is it for?
Wage Loss benefits are for your loss of income due to the injuries you suffered in the car accident.
How much can I get?
You are entitled to receive 85% of your gross pay, including overtime, or loss of income, for the first three years following the accident if you are disabled as a result of the accident.
What if I was self-employed on the date of the accident?
You are still entitled to these benefits if you were self-employed on the date of the accident.
What if I was not employed on the date of the accident?
Many times, you are still entitled to be paid your lost wages even if you were not employed on the date of the accident. If you were a seasonal employee (like a landscaper, summer work crew, or even a ski instructor) at the time of the accident, you can still receive these benefits if the accident happened during your off work season. If you were about to start a new job at the time of the accident, you can still receive these benefits based upon what your income would have been in your new job.
What if I was looking for a job on the date of the accident?
If you were not working but were looking for a job, you are still entitled to be paid wage loss benefits. You will need to show proof that you were trying to find a job, such as submitting resumes or putting in job applications with potential employers. The amount of your wage loss benefits will be based on income from your last job before the car accident.
What if was being paid in cash for my job?
This does not matter. You simply need proof that you were working and being paid for your work. In order to prove your income, it will be necessary to file tax returns to show what your income before the car accident.
How long can I get it for?
You are entitled to these benefits for the first three years after the date of the accident if you are unable to work. If you are still unable to work after the three year anniversary of your accident, you may have an additional claim for wage loss against the other driver and owner of the car that caused the accident. If you caused the accident, you can only receive this benefit for the three year period.
What if I lost my job due to the injuries from the car accident?
If you lost your job due to injuries from the accident, the insurance company is required to pay your wage loss benefits even if you are no longer disabled as long as you are trying to find new work after your disability has ended.
What if I can only work part-time due to the injuries from the car accident?
The insurance company is required to pay you the difference between what you were earning before the accident and what you are earning after the accident.
How do I file my claim?
The claim must be submitted to the insurance adjuster assigned to your claim.
What type of documentation do I need?
You need a note from your doctor (usually an Attending Physician’s Form) that disables you from working. You also need a wage verification form from your employer to submit to the insurance adjuster. A form for submitting this type of claim can be downloaded and printed for free from www.buckfirelaw.com.
How much time do I have to file my claim?
You should submit your claim for wage loss benefits every thirty days, but claims for wage loss claims can be submitted up to within one year of the date of your disability.
What do I do if the insurance company refuses to pay these benefits?
If your insurance company refuses to pay these benefits, your only recourse is to file a lawsuit against the insurance company that demands payment for the wage loss benefits.
How much time do you have to file your lawsuit?If the claims are presented within one year but are not paid by the insurance company within one year of the date of expense or claim, it will be necessary to start a lawsuit within that one year period in order to protect your claim. If you choose to begin a lawsuit against your insurance company for No-Fault benefits, you must file a lawsuit within ONE YEAR of the date on which the last unpaid No-Fault benefit was incurred.
If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.
As you are approaching the one year anniversary of your car accident, and there are any outstanding claims that have not been paid by the insurance company, we recommend that you file a lawsuit prior to the one year anniversary of the accident.
