Disclaimer: This article provides general information about Michigan law. It is not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
Under Michigan law, if you suffer a personal injury due to another party’s negligence, you may recover financial losses, including lost wages. This compensation falls under special damages. You can claim these losses through the Michigan no-fault insurance system (for auto accidents) or by filing a civil personal injury lawsuit.
1. Identify Eligible Wage Loss
Eligible wage loss includes lost salary, hourly pay, commissions and bonuses you would have earned if you had not been injured. Michigan law allows you to recover net income actually lost from work.
2. Documenting Your Lost Wages
- Pay Stubs & Tax Forms: Collect recent pay stubs, W-2s or 1099s.
- Employer Verification: Obtain written statements from your employer confirming hours lost and pay rate.
- Time Logs: Keep a detailed log of days and hours you missed work, including dates and reasons.
- Medical Records: Show how your injury prevented you from working with doctor’s notes and treatment records.
3. Claiming Wage Loss in No-Fault Auto Claims
Under Michigan’s no-fault insurance law, you can claim wage loss benefits from your own insurer. Wage loss benefits cover 85% of your gross income up to statutory limits under MCL 500.3107. Submit required forms within one year of the accident.
4. Claiming Lost Wages in a Civil Lawsuit
If you pursue a tort claim against a negligent driver or another party, request lost wage damages as part of your complaint. Under MCL 600.2955, you may recover lost earnings directly caused by the injury, supported by documentation.
5. Submitting Your Claim
When filing with an insurer or court, attach all documentation. Include employer statements, pay records and medical evidence. Ensure you meet all deadlines: no-fault claims must be filed within one year; civil suits within three years under Michigan’s general statute of limitations (MCL 600.5805).
6. Working with an Attorney
An attorney can help gather evidence, calculate accurate wage loss and negotiate with insurers or opposing counsel. They ensure your claim meets legal requirements and deadlines.
Helpful Hints
- Start Documentation Early: Begin recording lost wages immediately after your injury.
- Maintain Organized Records: Keep a dedicated folder or digital file for all documents.
- Follow Medical Advice: Adherence to treatment improves credibility of your claim.
- Double-Check Deadlines: Mark all relevant deadlines on your calendar.
- Keep Copies: Always retain copies of submissions to insurers or the court.