Wage Loss Benefits if you are in a Car Accident
Wage Loss Benefits An accident victim is also entitled to recover no-fault PIP benefits for a loss of income the injured person “would have performed” had he or she not suffered injury in the accident. This work loss benefit is payable for three years and is limited to 85% of the victim’’s gross income. Furthermore, the monthly benefit is subject to a monthly maximum which is adjusted each year. Michigan No-Fault law allows for an injured individual to receive 85% of their salary if a doctor has disabled the injured party from working due to the injuries suffered in the automobile accident. This benefit cannot exceed a period of 3 years. There are reductions for taxes and a cap on the total amount which an insurance company need pay for wage loss.
For 2009, the monthly maximum is $4878.00. A doctor’s disability slip and proof that you were earning a wage are required. If you were unemployed and still looking for work or were temporarily unemployed at the time of an accident, you may still be able entitled to receive benefits. If your earnings exceed the statutory maximum, and you were not at fault for the car accident, then the additional wages lost will try to be collected from the negligent driver’s automobile insurer.
Every thirty to sixty days you should submit your claim for wage loss benefits to the insurance company, but claims for wage loss and income benefit claims must be submitted within one year of the date of your disability.
If your insurance company refuses to pay your wage loss benefits, your only recourse is to file a lawsuit against the insurance company that demands payment for the wage loss benefits.
If you choose to begin a lawsuit against your insurance company for PIP benefits, you must file a lawsuit within one year of the date on which the last unpaid No-Fault benefit was incurred.
If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.
If you or a loved one are involved in a car accident or truck accident and suffer a serious injury, you should consult with an experienced car accident attorney. Allan W. Ben P.C. is a Michigan injury law firm which handles all types of cases involving serious injury or death including car accidents, motorcycle accidents, and drunk driving accidents. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. Call are office at 248-540-0677 or by email at info@allanwbenpc.com.
