Recovering Missed Pay in a Personal Injury Lawsuit

 Posted on February 15, 2019 in Personal Injury

Being injured in an accident can cost you more than what you must pay for medical treatment. Suffering a debilitating injury may require you to miss time from work while you recover. When you return to work, you may be limited in the tasks you can perform or the hours you can work. Your employer has no obligation to compensate you if your injury occurred outside of your work. You will need to include your compensation for lost wages as part of your personal injury lawsuit.

Time Off

A person who is recuperating from a serious injury may miss weeks or months worth of work days. The time off may include:

• The initial medical treatment and recovery period;
• Time in physical therapy to regain strength; and
• Follow-up appointments with doctors and physical therapists after the patient returns to work.

Depending on your employee benefits, you may not be paid or may receive reduced pay for the days that you miss. Contract workers have no means of recovering the money they lost for time off. Your personal injury compensation can include the pay you did not receive because you were unable to work. Even if vacation or sick days covered some of your time off, you are still entitled to the value of that time off in your lawsuit. Illinois courts will not allow a liable party in a personal injury case to get away with paying less because the plaintiff has insurance and employee benefits.

Earning Potential

You may return to work in a limited capacity because you are still recovering from your injury. If you are disabled because of the injury, you may have permanent work restrictions. Some employers will find work for a disabled employee that fits his or her physical limitations. However, this new job may not pay as well as the previous job. In other cases, the employee’s physical limitations may prevent him or her from ever returning to that line of work. You may need vocational training if you are forced to pursue a new career. Damages in a personal injury lawsuit can include a permanent loss in earning potential and the cost of continuing education to learn new job skills.

Contact a Barrington Personal Injury Attorney

Illinois law gives you two years after the date of your injury to file a personal injury lawsuit against a liable party. You may need that much time to know how your injury affected your work pay. A Barrington, Illinois, personal injury lawyer at Joseph M. Lucas & Associates, LLC, can help you calculate the complete cost of your injuries. Schedule a consultation by calling 847-381-8700.

Source:

https://www.courtlistener.com/opinion/2143899/boden-v-crawford/