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More On Lost Wages

By Dan Baldyga Email: dbpaw@comcast.net

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“.