skip to Main Content

Your Lost Wages Claim: Including Vacation and Sick Time

Lost Wages Claim

What is lost wages claim? Did you have to take vacation or sick time off work to take care of things after your car accident? Getting a rental car, going to the doctor, getting medical treatment or physical therapy, dealing with insurance, and running around town trying to keep your life from falling apart.

If you have taken any paid vacation days or sick days dealing with the aftermath of your accident, you may be entitled to compensation for that time.

The reason behind that is you no longer have that paid time off to use in the future—and this is considered a loss on your part.

You are entitled to be compensated for that loss because you would not have otherwise used your vacation and sick time if not for the negligence of the at-fault driver. Although they can’t give your time off back, they can compensate you for having to use it. This would be part of a lost earnings or lost wages claim, even though you were still paid.

The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients of their lost wages claim including vacation, and sick time after an auto accident.  Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call.  You can contact us for a free consultation, or read on to find out more.

By the way, we will also help with other problems that have cost you sleep, like getting a rental car very soon and finding a nearby doctor who can help you. Even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.

If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.

Discussing the strategies on lost wages claim

Sick Days

The value of each sick day is one day’s wages.

You should be reimbursed for your sick days. Otherwise, you no longer have those days if you need to stay home to recover from the flu or any other ailment.

For example, let’s say you had accrued nine sick days for the year. If you used seven while recovering from your injuries, you should seek reimbursement for the value of those seven sick days.

Vacation Days

As with sick days, each vacation day is one day’s wages.

If you had to use up any of your vacation days while recovering from your injuries, you should be compensated for the paid time off. In all fairness, you should not have to lose those days thanks to someone else’s negligence.

How to Get Compensated for Lost Vacation and Sick Days

Your leave time was lost as a result of the negligence of the at-fault driver. Therefore, you are entitled to be reimbursed for that loss.

Most employers will provide all the necessary documentation—such as a company letterhead stating your name, title, salary, and how much time you missed. Better yet, it will detail your job duties, whether any heavy lifting is required, and how long you have been employed before the accident.

Talk to Your Doctor

First, let your doctor know you feel you would benefit from some time off from work.

You want medical records to support your need to take time off from work. Your doctor will have a series of questions about your employment, whether it involves heavy lifting, whether you sit for long periods of time, and whether you are responsible for multiple employees and whether you travel or drive for long periods of time.

These questions will help your doctor assess whether or not the requirements of your job could hinder your recovery to optimal health. Once your doctor has conducted this assessment, be prepared to continue to discuss how you are feeling while working. That information will make it back into your medical records. All of this information supports the necessity taking time off from work.

Now we just need to prove that you did take time off from work.

Proof of Lost Wages

You need to collect documents to prove you took the time off and actually lost wages. Here is a list of documents you need to collect to prove your time taken off work.

Lost Wages

  • 1 month of paystubs prior to the accident
  • Paystubs during the accident showing time taken off work
  • W-2s
  • Income tax returns for the past year
  • Your employer’s benefits handbook
  • Union contract for the last five years
  • Letter from your employer outlining your request for time off

Why do you need all this information? Not all of it may be applicable to you, but collecting it will ensure your claim will be paid 100% of the value it deserves. If your documentation is incomplete, the adjuster may discount the value of the claim.

These documents prove quite a bit and improve the financial amount of your claim. Paystubs are particularly important; here’s why. A judge will use this information, along with any information pertaining to promotions you may have lost due to the accident, to determine what amount your lost wages settlement will be.

Paystubs can prove:

  • Hourly or salaried wages
  • Your base pay rate
  • Total hours worked
  • “Premium” pay amounts
  • Bonuses or incentive pay amounts
  • Deductions (gives clues to the fringe benefits provided by the employer)
  • Employee contributions to a Section 125 plan (healthcare reimbursement plan amounts aren’t shown on the W-2)
  • Additional sources of income that may have been affected by the accident

In addition, you may want to provide the employer’s handbook that outlines sick and vacation time. This will help you prove that this is a benefit controlled and/or limited by your employer.

For example, if you have three weeks of vacation time, but only because you have been with your employer for an extended period of time or have completed other required career advancements to achieve this time off. That information adds value to the time you were forced to take as a result of the car accident.

Once you have gathered this information, provide it to either your attorney or to the insurance adjuster. Make sure you understand what the value of your vacation and sick time mean financially. Carefully review all the documentation you are providing so you and your attorney can negotiate the best possible settlement.

To learn more about recouping your lost vacation and sick time, read more information about Lost Wages Claim article.

Get Help Now: Obtain Your Lost Wages Claim 

At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain lost wages claim including vacation, and sick time in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.

If you have been in an auto accident and want to have your lost wages claim, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including ChandlerGilbertMesaScottsdale, Tempe, and Peoria.

Practice Areas

Brenden Lewis
a month ago

So I suffered a tragic motorcycle accident leaving me injured and quite unhappy…… also the bike was totaled. This all star law team secured a large settlement for all my suffering. This process was very well advised by an aggressive and determined lawyer. All I can say is now I’m left a very happy man. Thank you karissa for working quick to bring my tragic story to a much warmer end. Just call them! You won’t regret it!

Shayianna Guyton
a month ago

They literally conversed with me every step of the way throughout my journey. Thank you guys

I was very pleased with my experience. They kept me informed the whole way through the process and checked on me through my treatment. Definitely would recommend

My dad was in a car accident and during those difficult moments, Phoenix Accident and Injury Law firm has been there for us. They care for their clients, will walk you through everything you need to know step by step, they follow up, very easy to reach and fast to respond. And one thing is for sure! they will fight for you! we felt safe with them! Me and the entire family thank them all so much for all their help! These people that works here are amazing!

Jenifer henke
a year ago

I was in an accident that resulted in getting whiplash and a concussion. I contacted Phoenix Accident and Injury Law Firm that day. Everyone was helpful (Rhea, Karissa, and Jeff) from the very beginning to the very end. They sent me to a physical therapy location that was pretty far away but the doctor and physical therapist were very kind so I did make the trek. They handled all aspects of my case in a timely manner and answered all my questions. They got the max amount possible, and from that, paid the medical bills and took their fair cut. I would not hesitate to recommend them to family or friends.

I would give ten stars if I could. This law firm is about as professional and friendly as it gets!! They stayed in constant contact with me and answered every question I had. I got a settlement that was higher than I expected and will definitely use this law firm again. I highly recommend hiring them to handle your legal issues!!

Fernando Lopez
a year ago

My experience with this team was superb, as they were ongoing with the case and making sure that the client gets what they deserve. I recommend anyone looking for a accident law group that this is the team you want to be representing you!!

Kimberly Legaspi
2 years ago

What can I say about the Thompson Law Firm? They are AMAZING!! It’s never fun when you need an accident lawyer because you are pretty much in a bad place. Shane and the staff have been wonderful, kept me informed at every step of this process. I would recommend Thompson Law Firm to anyone, in fact, I have referred several friends already!! Thank you Thompson Law Firm for everything you did for me!!!

Amanda Olney
2 years ago

These guys were absolutely amazing. They were very clear with me about what I needed to do on my end and I saw fast results. I just recommended them to a friend a week ago and he also dealt with my mother's case. I wouldn't see anyone else.

Malik
2 years ago

Karissa and Shane were amazing! They were there for any questions I had and checked up on me regularly. Highly recommend these guys!!

Karissa Murphy
2 years ago

Back To Top