When you are the victim of an accident that was caused by someone else, you have the right to demand compensation for your economic and non-economic losses. These include lost wages, which you would ask for through an injury claim with the negligent party’s insurance company. Kemper Insurance is one of the biggest insurance providers in the U.S. specializing in auto, personal, and commercial liability coverage. A lost wages claim with such a well-known company should be smooth and painless, but that’s far from the truth for many injury victims who are seeking compensation from Kemper.
The good news is, you don’t have to struggle in vain if you’re trying to obtain the funds you’re entitled to. Here at Normandie, we have lawyers experienced in the recovery of injury settlements for all types of accidents. We will not rest until you receive the settlement you deserve. Contact our office and schedule a time to meet with one of our attorneys.
Does Kemper have Pay for Your Lost Wages if I miss Work after an Accident?
Yes, you have the right to ask Kemper for lost wages if the injuries from your accident prevented you from working. For some people, this may be a matter of days, but others are forced out of work for weeks or months, depending on the extent of their injuries. Some accident victims can’t go back to work at all and may have a case for lost earning potential or future lost wages.
Kemper is aware of this, but they’re counting on the fact that most people are unaware of their legal rights. That, combined with their manipulation tactics, work on many victims, who simply give up and end up agreeing to a low settlement.
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Proving a Case for Lost Wages
Of course, insurance companies won’t just pay you for damages like lost wages, medical expenses, and pain and suffering without evidence to back up your claim. Most people know this already, but they still find themselves wondering, “What documentation do I have to show to get lost wages compensation from Kemper?”
You will need a combination of medical and financial records to prove a case for lost wages. Most of these forms, which we’ve listed below, should already be in your possession:
- Medical records
- Tax forms from your job, usually a W-2
- Proof of income – paystubs or a letter from your employer
- Bank statements
- Tax returns (federal and state)
If your injuries are serious enough, you may need testimony from certain experts. These include medical experts and economists, who will need to project your future job trajectory due to a long-term injury or disability. Depending on your ability to work again, if at all, we can help you recover future lost wages and/or loss of earning potential. To learn about all the damages you may be entitled to as a result of your accident, don’t hesitate to give us a call.
What if I’m Self-Employed? Am I Eligible for Lost Wages?
There’s no denying the rapid increase in gig workers and freelancers in recent years, and they too, are eligible for lost income if an accident results in missed time off at work. But these workers don’t earn a standard rate, nor do they receive a W-2. So, how can you succeed in a lost wages claim with Kemper if you are self-employed?
There are various documents that can be used to support your claim, such as contracts and invoices, payment app statements, bank statements, 1099s, and tax returns. If you have proof of any work that was cancelled due to your physical / emotional limitations after the accident, those can be helpful as well. This is not a comprehensive list of the evidence that may be used, but it gives you an idea of the paperwork you will need to gather.
Due to the complexities of proving lost income when you’re self-employed, it’s best to work with a lawyer experienced in accident injury claims for independent contractors.
I had to Use PTO from my Job after the Accident – Can I get Paid for those?
Paid time off, including sick and personal days, is a valuable work-related benefit that can provide you with a steady income stream. If you were forced to use these benefits due to the injuries from your accident, you can be reimbursed for PTO through your insurance claim with Kemper.
Don’t be surprised if the company turns you down, since their goal is to pay you as little as they can get away with. Most likely, the insurance adjuster will tell you that PTO does not fall into the category of lost wages, as they are a benefit you receive on top of your salary. Or, they may tell you that they can only compensate you for “losses,” and you haven’t really lost anything by using PTO since these were paid by your employer.
In actuality, work benefits are a form of income that’s associated with your job. It’s one thing if you dipped into these benefits due to an illness or personal emergency. However, it’s a whole different story if someone else’s negligence forced you to use up sick and vacation days that are provided by your employer. In short, Kemper does owe you for personal days that were used while recovering from your accident.
What are my Rights if Kemper won’t Reimburse me for Lost Wages?
A lot of claimants start the injury claims process on their own, but end up hitting a wall when the company rejects their claim for lost wages due to an accident. By the time they come to us for help, they usually ask, “Why is Kemper refusing to pay for my lost wages?”
Frankly, it comes down to profits, which is the most important thing to any insurance company. These companies advertise themselves as your ally when you’ve suffered an injury or catastrophic loss. In truth, their agents are trained to act sympathetic and lull you into a sense of security. Eventually, you may end up saying something that can be used against you. If you believe that you were misled by an insurance company or manipulated out of the payment you deserve, what are your rights? Are you stuck with whatever the insurance company wants to hand you?
Can I Sue Kemper for Refusing to Pay for my Lost Wages?
Legal actions are available to help you obtain justice if an insurance company is acting in bad faith. These options include a lawsuit for insurance bad faith, which can be filed if Kemper is denying your claim or holding up your payment without a legitimate reason. Examples of bad faith by an insurance provider include, but are not limited to:
- Misinforming the victim of their rights under the law or company policy.
- Using stall tactics like dragging out an accident investigation or making repeated requests for paperwork / evidence.
- Intentionally offering less money than what the claim is worth and refusing to budge beyond that number (negotiating in bad faith).
- Making threatening statements, including threats of legal action (getting the police involved, for example).
- Misleading the claimant on their right to legal counsel – usually, they’ll tell you that a lawyer will make things more complicated, knowing that you want your money as fast as possible. In reality, they want you to sign off on a settlement that’s far below your needs.
One of our experts will be happy to meet with you and go over any questions you have about the lawsuit process. Please give us a call to schedule a free case review.
Advice from an Experienced Personal Injury Attorney
A free case evaluation with our attorneys can help you understand your rights and ensure that you are not taken advantage of. To give you an idea of the topics we can advise you on, here are the most common questions that come up during a free consultation:
- What is the average case value for my kind of accident?
- Besides lost wages and medical bills, what else can I recover from an injury claim with Kemper?
- What is the statute of limitations on my case?
- How long will it take to get paid for my accident?
If you have an active claim with Kemper already, we can help you as well. A second opinion from our attorneys can help you verify what your lawyer is telling you. If you’re dissatisfied with how your case is going, we will review your case for free and advise you of your legal options, which may include switching your lawyer. Putting your claim on the path to victory is our main objective, but there is no pressure to take any action that you are not comfortable with. Since you have nothing to lose, please take a moment to schedule a free second opinion.
Take Advantage of the Zero Fee Guarantee
Normandie Law Firm is here for you if you’ve been harmed by another party’s negligence or misconduct. Our lawyers have many years of experience in personal injury claims and know what it takes to bring you maximum payment for your injuries. Best of all, there is no upfront cost to you when you sign on with our law firm. The Zero fee guarantee ensures that your finances are never at risk, since we don’t get paid unless you receive your settlement. To take advantage of this offer, contact us right away and speak with a California accident injury attorney.
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