Detailed Answer
If an injury forces you to miss work at more than one job, Michigan law lets you recover lost wages through various avenues. These may include workers’ compensation (for work-related injuries), no-fault personal protection insurance (PIP) for auto accidents, and a third-party personal injury claim. Follow these steps to claim all your wage loss.
1. Identify the Right Benefit or Claim
- Workers’ Compensation: If you’re injured on the job, file a claim under the Michigan Workers’ Disability Compensation Act. See MCL 418.301 for definitions and coverage. MCL 418.301.
- No-Fault PIP Benefits: In an auto accident, your insurer must pay 85 percent of your gross wage loss (up to policy limits) regardless of fault. See MCL 500.3107(1)(b) for definitions and MCL 500.3135 for rate limits. MCL 500.3107, MCL 500.3135.
- Third-Party Tort Claim: If another party’s negligence caused your injury, you can sue for past and future wage loss as part of general damages. The statute of limitations is three years from the date of injury. MCL 600.5805(10).
2. Document Your Employment and Income
Gather detailed records from each job, including:
- Pay stubs or direct deposit records showing income and hours worked.
- Tax filings (W-2s, 1099s) to verify self-employment or gig work.
- A letter or affidavit from each employer confirming your work schedule and rate of pay.
3. Calculate Your Lost Wages
For each position, compute:
- Gross average weekly wage: Total earnings divided by weeks worked over the past 52 weeks.
- Total past wages lost: Multiply average weekly wage by the number of missed weeks.
- Projected future wage loss: If your injury causes permanent limitations, an economist or vocational expert can estimate future earnings deficits.
4. File Your No-Fault PIP Application (Auto Accidents)
- Obtain and complete your insurer’s PIP benefit form within one year of the accident. See MCL 500.3145 for the one-year deadline.
- Attach documentation: pay records, employer letters, and the insurer’s wage-loss worksheet.
- Submit via certified mail or as required by your policy. Keep proof of mailing and insurer responses.
5. Pursue a Third-Party Personal Injury Lawsuit
- Consult an attorney to review liability and your damages, including wage loss from each employer.
- File your complaint within three years of the injury date under MCL 600.5805(10).
- During discovery, use your gathered pay records, tax returns, and expert reports to prove your wage loss claim.
- Negotiate a settlement or present your wage loss evidence at trial.
6. Consider Future Wage Loss
If your injury reduces your future earning capacity, document the extent of your impairment. Use medical reports, vocational assessments, and testimony to support a claim for future wage loss in your lawsuit.
Disclaimer
This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address the specifics of your situation.
Helpful Hints
- Start documentation immediately after your injury to preserve accurate records.
- Maintain a daily journal of missed work, dates, and duties you could not perform.
- Keep copies of all correspondence with insurers, employers, and medical providers.
- Act promptly—missed deadlines can bar your wage loss recovery.
- Consider an accountant or vocational expert for complex income streams.