If you have been injured through a slip and fall, car crash, or any other type of accident due to someone else’s negligence, you have the right to seek compensation through a personal injury claim. Progressive is one of many insurance companies that offer accident coverage to drivers, private property owners, and businesses throughout California. If the person or company responsible for your injuries is covered through Progressive, you may be wondering:
“Does Progressive have to pay for your lost wages if I miss work after an accident?”
Yes, you are entitled to lost wages for missed time off at work due to the injuries from your accident. Lost wages / income falls under the category of economic damages, which are tangible losses that can be easily calculated. Unfortunately, that doesn’t mean they are easy to obtain, considering the insurance company’s number one priority is to save themselves money. They do this in a variety of ways, which are designed to minimize the amount they pay you.
That’s why it’s in your best interest to retain a personal injury lawyer as soon as you can after an accident. But it’s never too late to contact our office and ask for help if you’ve been denied lost wages by Progressive Insurance. Please give us a call and schedule a free case review with the attorneys of Normandie.
What Documentation do I have to Show to get Lost Wages Compensation from Progressive?
To prove your right to lost wages, you will need to show that you were unable to work due to physical limitations and/or emotional trauma you suffered from your accident. Then, you must provide documentation to show what your earnings were prior to the injury. These elements can be established through the following records:
- Medical records
- Medical expert testimony
- Paystubs or some other proof of wages from your employer
- Tax forms from your employer (W-2 or 1099, for example)
- Tax returns
Keep in mind that the extent of your injuries may prevent you from working for a long period of time, or from returning to work at all. If so, you are entitled to future lost wages, which is the income you would have earned had you stayed on the job. In cases of severe injury, such as disability, you may be compensated for your lost wages up until the point of retirement. One of our attorneys can help you determine your future job trajectory and the amount of wages you will lose as a result.
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Can I get Reimbursed if I was Forced to use PTO / Vacation / Sick Days?
Even though “lost wages” is the term that’s most commonly used, missed time from work isn’t just about your salary. Many people receive benefits through their employer, such as PTO (paid time off), sick leave, and vacation days. After your accident, you may have been forced to use these days in order to make ends meet while you were recovering from your injuries. But this is a short-term plan that robs you of time you may need in the future for a family emergency or long-term illness.
It’s unfair that you should be forced to use this time when someone else’s negligence caused your accident. Furthermore, this is job-related income that you are losing, since PTO is meant to pay you for a series of missed days at work. Thankfully, you are allowed to request compensation for this “lost income,” which you were forced to give up due to the injuries from your accident.
What if I’m Self-Employed?
So far, we’ve been talking about accident victims with employee status, but what about independent and gig workers, like freelance contractors, entrepreneurs, and delivery drivers?
Self-employed workers also have the right to lost income in a personal injury claim. But proving lost wages can be challenging when you don’t make a standard rate or salary. To prove that you are entitled to lost income, here are the documents you can use:
- Tax forms, including 1099s
- Income tax returns from the prior year
- Proof of work you’ve completed / been paid for (contracts, invoices, etc.)
- Proof of work you’ve missed out on following your accident (cancelled appointments, for ex.)
- Bank account statements
- Statements from online payment platforms like PayPal and Venmo
If you’re not sure where to start, don’t worry. The accident injury lawyers of Normandie can guide you through the entire process and bring you maximum payment for your losses.
Help – Progressive won’t Cover my Lost Wages!
Even if you’ve submitted all the necessary forms of proof, you may still be denied compensation for the wages you’ve lost. We know this happens quite often based on the number of accident victims that call us and ask, “Why is Progressive refusing to pay for my lost wages? What are my rights?”
For an insurance company, it all comes down to profits. If they can’t reject your claim outright, they will look for ways to pay you as little as possible. With lost wages, they may argue that your injuries are not as serious as you claim, meaning you took time off that was unnecessary. They may dispute the need for certain treatments, like surgery, which would require you to take time off. You may also face resistance if you received disability or took paid days off through your employer (PTO, sick time, etc.).
Even if you fight back against these tricks, Progressive may act in bad faith to stall your payment or manipulate you into accepting a low offer. They know how desperate accident victims are to get back on their feet – physically and financially – and their goal is to break you down until you give up or accept whatever they’re willing to give you. So, what are your rights when an insurance company is trying to take advantage of you?
Can I Sue Progressive for Refusing to Pay for my Lost Wages?
If Progressive is denying you payment or holding up your claim without a valid reason, you may be able to sue the company for insurance bad faith. Bad faith lawsuits can be filed against an insurance company for many reasons, including:
- Misleading a claimant on their legal rights in order to deny or minimize their compensation.
- Holding up an investigation or claim approval beyond a reasonable amount of time.
- Denying a claim without adequate justification.
- Refusing to negotiate a fair settlement, i.e., make a good faith attempt to resolve the claim, thereby forcing the victim to file a lawsuit.
- Trying to talk the claimant out of hiring an attorney.
- Threatening legal action against the claimant in order to coerce them into accepting a low settlement.
It’s worth noting that bad faith lawsuits are a last resort, especially for claimants that hire an attorney right away. While insurance adjusters will try their games on injury victims, they are less likely to do so with a lawyer. If you haven’t spoken to a personal injury lawyer already, please reach out to us as soon as possible. We can help you recover the wages you’ve lost along with other qualifying damages, like medical expenses, loss of earning potential, pain and suffering, property damage, and emotional distress.
Speak to a Lawyer Experienced in Progressive Insurance Accident Claims
The attorneys of Normandie have decades of litigation experience in all types of accidents, including slip and falls, trip and falls, defective product injuries, auto accidents, Uber/Lyft accidents, dog bite injuries, burn injuries, sexual assault, and workplace accidents. During a free consultation, we can go over any question that’s on your mind, such as:
- What is the average case value for my type of accident?
- How long will it take to settle my case?
- How much time do I have to file a lawsuit (statute of limitations)?
Our lawyers can also assist you if you have an active injury claim with Progressive Insurance. If you’re not happy with your current lawyer or feel uncertain about the advice they’re giving you, please schedule a second opinion by contacting our office. We will provide you with an honest assessment of your case and help you decide on the best course of action. The consultation is completely free of charge whether you stay with your attorney or choose to continue your case with us.
Zero Fee Guarantee
There’s no denying the pressure that an accident puts on your finances. However, legal representation is essential to receiving the damages you deserve. Frankly, it’s unacceptable that victims should have to pay for an attorney when someone else is responsible for their accident. Here at Normandie, we demand our legal fees from the party you are suing. That means we wait until the end of your case to recover our fees, and in the meantime, you pay us absolutely nothing. We offer the same Zero fee guarantee for second opinion clients, so if you want to transfer your case to our firm, you also pay nothing until we settle your case. For more information on your rights and legal options, schedule a free case evaluation at your earliest convenience.
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