It may sound simple. You are in a crash that is clearly not your fault. The other driver admits fault and has insurance. You miss a month from work and want to get paid. The insurance company balks, what do you need to motivate them to treat you fairly?
The answer is documentation. Not just documentation from your employer but also medical documentation. In order to receive lost wages or lost income a doctor needs to provide proof that they saw you and that you are restricted from performing your regular work as a result of your injuries for a specific period of time. A "lost work slip" is both invaluable and necessary and often healthcare providers must supplement earlier such forms by seeing you again and revisiting your ability to perform your job.
Often there is an evolution from can't work at all to "light duty" or limited hours. Again if you are seeking your month of lost wages there needs to be medical support for that lost time or most insurance companies won't honor it.
Okay you have doctor's notes supporting the fact that you can't work and still the insurance company won't pay, what gives? The answer is documentation from your employer. Pay stubs, W-2s, and 1099s can show you were working and what you were making. However there are many professions where work is seasonal or not always available. Insurance companies are quite sophisticated about ways to deny payments and may be tuned into the fact that your work as a landscaper will not be as frequently available in December as it was in June. Or perhaps you pick up work at the union hall. You may need written confirmation that work was not only available but also that it paid a sum certain.
Issues involving self-employed or cash-paid employees abound. If you don't report your income on tax records you can bet the insurance company will fight you on it. Sometimes obtaining letters or proposals reflecting work you couldn't do that was available to you can help.
The bottom-line is that each individual lost wage or lost income claim may need to be addressed in a unique way and creative lawyers like Clark and Steinhorn, LLC can be very helpful.
