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Several months ago I wrote an article which was published by these absolutely
outstanding publications regarding the handling of your motor vehicle accident
personal injury claim for LOST TIME AND EARNINGS. Since then I’ve been
asked so many questions about that subject matter I’ve decided it would be wise
to go into even greater depth and provide you, the reader of these fantastic
publications, with deeper insights into this most crucial aspect
of your loss.
GENERALLY SPEAKING:
If you're claiming five weeks of lost wages, and your Medical Record shows you
were discharged in three, you're in deep “Stuff“! Your chances of collecting
for those other two weeks are just about minus-zip.
Make sure that
the Final Medical Report, is handed to you - - only you - - nobody else!
Why ?
So you'll have a chance to read it before you hand it to Adjuster
Henry Hard-Nose who is employed by The Rock Solid Insurance Corporation.
In the event that the report doesn't
have everything in it that it should (which I’ve expressed in detail below)
you have every right to return it to the Medical Doctor or Chiropractor who
wrote it and ask that it be rewritten in clear language, detailing
and explaining the pain, discomfort and suffering they observed you experienced.
If isn’t executed correctly Rock
Solid Insurance and Hard-Nose will swoon with joy because the value of your
claim will have done a nosedive into the nearest sewer. Why? Because your Final
Medical Report has been executed in a sloppy manner and they know, in their
secret heart’s, that even though you went through a tremendous period
of “Pain and Suffering” it’s not adequately spelled out so your claim suddenly
has much less value.
Assuming your Final Medical Report has been written
accurately that's money in the bank! But, far too often they're dashed off in
haste by a "Busy-Busy" Chiropractor or Attending Physician. Don't let that happen
to you because, if it does, that hot, slick tongue you feel on you're lips,
and sliding into your throat, is the result of the kiss of death that’s being
given to you just before your seduction.
SICK LEAVE OR VACATION TIME: If you had to take sick leave,
or vacation time, during the time you missed from work, it's absolutely
part of your claim. Never forget you would have been entitled
to use that sick leave and/or vacation time, - - later on down the road - -
when you needed or wanted it.
If you're forced to take either, because of a motor vehicle accident,
it's the same as losing the pay itself. And don't let Hard-Nose tell
you any different!
LOSS OF PAY VS. TRIPS TO YOUR ATTENDING PHYSICIAN:
If your Lost Wage Document, which was executed by the company you work for,
states that you didn’t work during the same period you were being treated by
your attending physician, that’s all the proof you need to be compensated for
your “Lost Earnings”. However, if your doctor didn’t treat you any longer after
a certain date (even though it’s stated and detailed in your Lost Wage Document)
your chances of recovery for lost wages, after that particular date,
are going to be minus zip!
BACK TO WORK BUT STILL TREATING: If you’ve
returned to work, but you’re still being treated by your attending physician,
that Lost Wage Document must clearly indicate the date and hours
you missed when you had to leave work and made that day trip to see your doctor
and/or receive treatment.
BACK TO WORK
BUT NOT AT YOUR USUAL, NORMAL, ROUTINE ASSIGNMENT: During my over 38 years
in the business of insurance claims I sometimes ran into a situation where the
claimant insisted they were “unable to return to their old job” and this caused
them to have a lesser income.
HOWEVER: There were many times when the only
proof of this was their verbal contention and that was unacceptable.
That’s why it’s so important (should this apply to you and your work/income
situation) that this is clearly spelled out, by the company where
you’re employed, in their Lost Wage Report. An official notation on the bottom
of the document, stating this to be true, can save you a lot of grief, and also
earn you a ton of money!
LOSS
OF OVERTIME PAY: The overtime you lost is a legitimate claim. Get a letter
from your employer spelling out the amount of money you lost in overtime. They
can do this by taking a look at last years income, during the same period you
were laid up, then figuring out the overtime income you lost, for that identical
space in time. Once this has been determined this too should also be written
into your Lost Wage Report.
ONE
LAST WARNING: The
inside claims people at Rock Solid Insurance and adjusters like Henry Hard-Nose
are buried alive with hundreds (sometimes thousands!) of claimants who are going
through a great deal of "Pain and Suffering", and they just don’t have the time
to properly consider the seriousness of what you‘ve had to deal with, no matter
how legitimate it may be.
You
may ask, “How does Dan know this to be true” ? The answer to that is, “Because
I've been there, seen, felt and done that".
However:
If you follow what I've laid out above, you'll stay ahead of them, win the ball
game, be awarded your lost wages plus paid all the extra bucks that are
owed to you for your “Pain and Suffering“.
By: Dan
Baldyga Email: dbpaw@comcast.net.
Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved. Reprinted with
permission. Dan Baldyga has a lifetime of experience in motor vehicle accidents,
personal injury and compensation. Over the years Dan has written several "How
To" books on this subject matter. Dan's latest book AUTO ACCIDENT PERSONAL INJURY
INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet
at http://www.caraccidentclaims.com
or http://www.autoaccidentcaims.com
DISCLAIMER:
This article MORE ON LOST WAGES is intended for
background information. Its purpose is to help people understand the motor vehicle
accident claim process. Neither Dan Baldyga, EXPERTPAGES.COM nor FREEADVICE.COM
make any guarantee of any kind whatsoever; NOR do they purport to engage
in rendering any professional or legal service, to substitute for a lawyer,
an insurance adjuster, or claims consultant, or the like. Where such professional
help is desired, it is THE INDIVIDUAL'S RESPONSIBILITY to obtain it.