A car accident that keeps you out of work can have significant ramifications for your finances – and the effects can start to show up very quickly. New York drivers and passengers often rely on the state’s no-fault insurance system to recover a portion of their lost wages after a crash, but how exactly does this process work? And what if your losses exceed your PIP policy limits?
Here’s an overview of the process of seeking reimbursement for lost wages after a car accident in Schenectady.
Understanding Lost Wages After a Car Accident
Lost wages refer to income you expected to earn but can’t because injuries from a car accident prevent you from working. This category can include the pay you miss while recovering, attending medical appointments, or following a doctor’s restrictions that limit your ability to perform your job duties. Both full-time and part-time workers across all industries may experience this type of financial loss after a crash.
In some cases, lost income involves more than a missed paycheck. Depending on your employment situation, your losses may also include overtime pay, bonuses, commissions, PTO, and other income tied to your regular work schedule.
Because these losses can affect your financial stability, New York law provides a path to seek reimbursement for income you can’t earn after a car accident.
How Does No-Fault Lost Wage Reimbursement Work in New York?
New York follows a no-fault insurance system for car accidents. Under this system, injured drivers and passengers first turn to their own personal injury protection (PIP) coverage for certain financial losses, including a portion of their lost wages. These benefits apply regardless of who caused the crash.
No-fault coverage should reimburse 80 percent of your lost earnings if injuries prevent you from working, up to a maximum of $2,000 per month for up to three years after the accident. Unless you purchased additional coverage, your PIP policy limit is likely $50,000 for all your losses.
To receive lost wage benefits, you must submit documentation showing that your injuries prevent you from working, such as medical records and verification from your employer confirming your regular income and the time you missed from work. You should promptly submit this information to help avoid payment delays.
Can I File a Lawsuit for Lost Wages in Addition to a No-Fault Claim?
The no-fault system limits personal injury lawsuits after a Schenectady car accident. However, you may still be able to sue if your losses exceed your PIP policy limits or your injuries meet the state’s serious injury threshold.
Under New York law, serious injuries include:
- Fractures
- Severe disfigurement
- Dismemberment
- Loss of a fetus
- Permanent loss of a bodily organ, member, system, or function
- Permanent limitation of an organ or member
- Significant limitation of a bodily function or system
- Any injury preventing you from performing your typical daily activities for 90 days during the first 180 days after the crash
If you meet one of these requirements, you can file a personal injury claim against the other driver. This type of claim enables you to seek compensation for lost wages and other losses that exceed the limits of no-fault insurance coverage.
What Steps Should I Take to Claim Lost Wages in New York?
To pursue a loss-of-income insurance claim after a car accident in New York, you’ll need to act efficiently and have the right documentation. No-fault benefits follow specific procedures and deadlines, and liability insurance claims require substantial proof.
You can help support your claims and reduce the risk of delays or disputes by taking the right steps early, including:
- Seek medical treatment and follow your doctor’s recommendations. Medical records help show that your injuries prevent you from working.
- Notify your employer about your injuries and that you’ll need time away from work. Your employer may need to complete forms confirming your job duties, salary, and missed work.
- Gather records that document both your injuries and the income you missed while you were unable to work. Insurance companies typically require written verification before approving loss-of-wages claims.
- Submit a no-fault application to your insurer within the required 30-day deadline. You must also provide income loss documentation within 90 days of the crash. Pay stubs, tax records, or employer verification can help demonstrate the wages you’ve lost.
- Contact an experienced car accident attorney. An attorney can explain your rights and options for recovering your lost wages, as well as additional losses.
Considerations for Self-Employed Individuals
If you’re a self-employed person in Schenectady, you may still qualify for lost wage reimbursement after a car accident in New York. However, proving your income loss requires different forms of documentation.
Instead of employer verification, you’ll need to provide business records showing your typical earnings. Tax returns, profit and loss statements, invoices, and bank records can help demonstrate the income your business generated before the accident and how your injuries affected your income during your recovery.
Can I Recover Future Lost Income After a Car Accident?
Some car accident injuries may affect your ability to work long after the initial recovery period. If your injuries reduce your capacity to earn income in the future, you may be able to pursue compensation for future lost earnings.
These claims typically arise in cases involving serious injuries that limit a person’s ability to return to the same job or maintain the same work schedule. As with other lost wages claims, documentation like your medical records and employment history can show your injury’s effects on long-term earning potential.
How Our Car Accidents Lawyers Can Help You
Given the challenges you already face while trying to heal after a car accident, you shouldn’t also have to manage a lost wages claim on your own. That’s where Dalmata, Maloy, & Burke, LLP comes in.
Our car accident lawyers can help gather and organize the evidence you need to support your claim and address any disputes that may arise with the insurance company. We’re here to handle the whole process for you, including:
- Reviewing your accident and injury records to determine what wage benefits may apply under New York law
- Gathering documentation such as employer statements, pay records, and tax returns that support your claim
- Submitting and managing the no-fault paperwork required for lost wage reimbursement
- Pursuing a personal injury claim against the at-fault driver if your case meets the requirements
- Seeking maximum compensation to cover the full value of your losses when possible, including your medical expenses, lost income, and pain and suffering
Contact Dalmata, Maloy, & Burke, LLP Today
With over 30 years of experience, DMB Legal has a long track record of successful outcomes for car accident victims in Schenectady and throughout New York’s Capital Region. We’ve built a strong reputation for building close client relationships that enable us to provide highly personalized representation. Our trustworthy team is available 24/7 to respond to your calls, messages, and emails.
Reach out today for your free consultation to discuss how our personal injury lawyers can help you pursue lost wages after a car accident in Schenectady.
