Will I Be Paid if I Lose Time From Work?

Will I Be Paid if I Lose Time From Work?

On Behalf of Rosenthal, Levy, Simon & Sosa | November 10, 2022 | Personal Injury

When you rely on your paycheck to put food on the table and pay your family's bills, missing even a couple of days of work can not only put you in a financial pinch but may even send you into a downward spiral. However, suppose you suffered a personal injury such as an injury in a motor vehicle accident, slip and fall, pedestrian accident, or a workplace injury. In that case, you may need to take time off work. Injured individuals often find themselves staying in the hospital for a few days or even weeks or months. They may need surgery, or they may not be physically able to work. Workers might also need time off work to attend medical appointments.

They have very valid reasons for missing work, but they may not get paid for this time, nor should they have to use the PTO time they have earned for it. So, what's an injured person to do? Hire the experienced West Palm Beach personal injury attorneys at Rosenthal, Levy, Simon & Sosa as soon as possible after sustaining an injury.

Claiming Lost Wages and Income

Personal injury claims help an injured party pursue compensation for their damages. Damages are the ways in which they were harmed, inconvenienced, or otherwise changed by the accident. Lost wages and income is one type of economic damage that personal injury victims can claim—whether they were in the hospital, recovering at home, attending medical appointments, or physically unable to work due to their injuries.

Calculating Lost Wages

Calculating your lost wages should be reasonably easy. The calculation method differs depending on if you are paid hourly or you're a salaried employee. For example, if you are an hourly employee, take the number of hours you missed at work multiplied by your hourly pay rate, which will equal your lost wages. For example, suppose you missed a week of work, and your pay rate is $20 an hour. That's 40 hours of missed work, times 20, to equal $800 of lost wages.

On the other hand, if you receive a salary, take it, and divide it by 2,080 (the number of work hours in a year at 40 hours per week). Then, multiply your answer by the number of hours you missed. For example, if you make $50,000 a year, you earn $24.04 per hour. You missed one week of work, or 40 hours, which means your lost wages amount to $961.60.

In addition to your lost actual wages, you also have the right to seek compensation for other things you missed out on because of not working, such as:

• Bonuses
• Overtime pay
• Commissions
• Self-employment income
• Retirement contributions
• Sick days or vacation days you were forced to use
• Other benefits

Your West Palm Beach personal injury lawyers can help you calculate and prove your lost wages and income, ensuring that no form of compensation is left out of your calculations.

Get Help from Our Seasoned West Palm Beach Personal Injury Attorneys

If you were unable to work due to an injury accident, you likely deserve compensation for your lost wages. Our West Palm Beach personal injury lawyers know how to fight for your rights and claim lost wages and income in a personal injury case. You can get your case started today with a complimentary case review. Call us today at 561-478-2500 or use our convenient online contact form to schedule yours.

On Behalf of Rosenthal, Levy, Simon & Sosa | November 30, 2022 | Workers' Compensation

Suffering an injury on the job is difficult enough, but all employees should know what to do if their employer doesn't believe their injuries are real. Most employees in Florida are entitled to workers' compensation benefits if they become hurt on the job or suffer a job-related illness. Unfortunately, workers' comp benefits aren't always easy to obtain. For example, the insurance company could deny your claim, and your employer might also believe you are faking your injury or illness. These are highly stressful circumstances, and it's crucial that all employees know what to do if they find themselves in them. Most of all, they should know they can contact our seasoned Port St. Lucie workers' compensation attorneys with any questions and for help in their claim.

Obtain Your Medical Records

If necessary, your Port St. Lucie workers' compensation lawyers can help you obtain your medical records. Most employers in Florida aren't doctors, medical professionals, or healthcare providers. As such, they don't genuinely know if you are faking an injury or illness or not. They might claim you aren't hurt because they want to avoid their workers' compensation insurance premiums increasing. Alternatively, they may not want to let you off work for a period of time while you recover.

Whatever their reason for purporting that you are faking your illness or injury, you should obtain your medical records any time an employer argues your physical condition. Suppose a doctor agrees that you are injured or ill, and you have documentation supporting what they say. In that case, it will be much more difficult for your employer to prove you aren't hurt.

Continue Your Workers' Comp Claim

At the end of the day, and in regards to your workers' comp claim, it doesn't really matter if your employer thinks you are faking an illness or injury. Suppose you have medical records and a doctor who can back up your condition, as well as meet the other requirements for workers' comp eligibility. In that case, there's really nothing they can do. Their opinion doesn't matter. What matters is your doctor's opinion and what the workers' comp insurance company does there that matters. Port St. Lucie workers' compensation attorneys can help you file and prove your workers' comp claim and appeal it if necessary. Whatever your employer thinks or says about your injuries, pursue your workers' compensation claim as you normally would. The insurance company should process your claim just like any other claim they receive. If, for some reason, they deny it, our Port St. Lucie workers' compensation lawyers can help you with an appeal.

Reach Out to Port St. Lucie Workers' Compensation Attorneys Today

Being injured at work or suffering a workplace illness can add undue stress to your life. Having an employer who thinks you might be faking your condition is even worse. If you have questions about a workers' comp claim or your claim is denied, contact the experienced Port St. Lucie workers' compensation lawyers at Rosenthal, Levy, Simon & Sosa today. We offer no-cost case reviews so you can get your workers' comp claim started. Call us at 561-478-2500 or use our convenient online contact form.