In serious car or truck accident cases, an injured driver may lose significant time from work. Recovering from surgery and rehabilitation can take weeks and even months. For most people, missing several weeks or months from work can result in very serious financial difficulty. Fortunately, Delaware car accident laws allow for the recovery of lost wages and earnings.
Under Delaware car accident PIP (personal injury protection) law, those injured in car and truck accidents are eligible to make a claim for medical benefits, lost wages and other miscellaneous financial losses.
Making a PIP claim in Delaware can be confusing and frustrating. An individual injured in a car accident may receive conflicting information about which car insurance company pays for PIP and how to go about making a PIP claim. Click here to read about making a PIP claim for medical bills.
Below are three things a Delaware resident should know about making a PIP claim for lost wages.
1. PIP Pays the Net Amount of Lost Wages
Occupants of a Delaware insured vehicle who are injured in car or truck accidents may make PIP claims to recover lost earnings or lost wages. However, Delaware’s PIP law allows for recovery of net earnings, not gross earnings.
2. The Car Insurance Company (PIP Carrier) Must Be Notified About a Lost Wage Claim
While the specifics of each car insurance and PIP policy vary, an individual injured in a car or truck accident case will have to notify the PIP adjuster that he or she will make a claim for lost wages. After being notified of the PIP claim for lost wages, the adjuster will send lost wage claim forms, as well as an authorization to obtain wage/salary information from your employer. You should keep copies of pay stubs and receipts for your own records. In addition, your employer may receive a Wage/Salary Verification.
Suggested Reading: Recovering Lost Wages After a Delaware Car/Truck Accident
3. Medical Documentation Will Be Required
A doctor’s (medical or chiropractic) written note or notes will be required to prove the period during which an injured individual cannot return to work. For instance, in a car or truck accident situation which results in a major surgery, the individual’s surgeon may order no activity for 4-6 weeks or more, depending on the nature of the injuries and surgery.
In addition, the surgeon may order the patient to be non-weight bearing for an additional period. Depending on the work activities and duties, the injured individual may not be able to return to work for several months, or may only be able to return to work on a limited or part-time basis. Therefore, having a medical doctor substantiate the injuries, prognosis and effect on work activities may be required to prove that the individual’s wage loss was caused by the accident.
Making a PIP claim can be complex. If you’ve been injured in a car accident in Delaware and have missed time from work, you should contact a car accident lawyer in Delaware to discuss your options.
- Recovering Medical Bills in a Delaware Car or Truck Accident Case
- Negligence in a Delaware Car or Truck Accident Lawsuit
- Common Legal Claims Made in Delaware Car & Truck Accident Lawsuits
Delaware Car Accident Lawyer with Over 30 Years of Experience
Since 1982, firm founder, Martin Knepper, has served residents of Delaware in all personal injury matters, including car accidents and truck accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658.1717
Our lawyers serve residents throughout the Delaware area, including: Wilmington, Newark, Dover, Middletown, and Smyrna. We also represent residents of other states such as Pennsylvania, New Jersey, Maryland and Virginia who are injured in car or truck accidents while in Delaware. For more information, please contact us.
*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. Any discussion of results is no guarantee of the same or similar results in current or future cases.
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