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Montgomery County Maryland Auto Accident Attorney Explains How to Get Paid for Missed Time From Work

Want the insurance company to pay your time off from work after an auto accident? Get a doctor’s excuse and employer verification.

In addition to seeing a doctor, filing insurance claims, scheduling a damage estimate, and arranging a rental, you should also tell your employer of your injuries and need for time off. Do this as soon as you can, so you remain in good standing with your employer.  Giving notice may be as simple as a phone call or it may be more formal. We recommend you follow your employer’s requirements and send your employer a copy of all doctor disability notes as soon as you receive them.

To get your lost wages reimbursed by the insurance company, you’ll need verification by your employer that you missed work and a doctor’s note excusing you from work due to your accident injuries.  The verification by your employer is simply a statement from your employer stating your position, rate of pay, initial hire date, and days missed due to the accident (a letter on company letterhead is sufficient).

If you’re self-employed, proving your actual lost income can be more tricky.  Generally, you’ll need proof that your cash compensation actually decreased.  This can be shown through bank deposit records, proof of canceled contracts and jobs, and your tax returns (Schedule C).

Note that your lost wages can be reimbursed even if you took sick leave and were already paid by your employer. Because Maryland follows the collateral source rule, the auto insurance company doesn’t get the benefit or credit for the fact that you had sick leave.

Be sure to ask every doctor you see (including the hospital emergency room doctor) for a work excuse. Give a copy of each doctor’s note to us and to your employer. Then, after you’ve actually missed time from work, ask your employer to verify the time missed and your rate of pay for that time. We have an Employer Verification Form you can give to your employer to complete.

Prompt notice and proper documentation entitle you to reimbursement of your lost wages. It also corroborates your claim that you sustained injuries that caused pain, suffering, and inconvenience.  This is an important part of your case, no matter how big or small the claim.

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James S. Nickelsporn

ATTORNEY
Experienced auto accident and personal injury attorney

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