Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
In Michigan, your Personal Protection Insurance (PIP) covers lost wages up to policy limits under the No-Fault Act, MCL 500.3106. Even if you work part-time, you can recover income loss if your injuries from the car accident forced you to miss work or reduce hours.
1. Understand the Statutory Framework
Michigan’s No-Fault Act, MCL 500.3106, defines wage loss benefits. It requires you to prove both your entitlement to benefits and the amount of income lost.
2. Gather Employment Documentation
- Pay stubs or direct deposit records showing your usual earnings.
- A letter from your employer confirming your hourly rate, typical schedule, and dates you missed work.
- Timesheets or scheduling records documenting actual hours worked before and after the accident.
3. Calculate Your Average Weekly Earnings
Average weekly wage for part-time work is determined by dividing your total earnings over a recent period (usually six months) by the number of weeks in that period. Use consistent documentation to support this calculation.
4. Document Missed Work and Reduced Hours
Keep a detailed log of days you could not work or days you worked fewer hours because of accident-related injuries. Include dates, scheduled hours versus worked hours, and reasons (medical appointments, pain, limited duty).
5. Obtain Medical Records and Provider Statements
Your doctor’s notes should link your inability to work directly to injuries from the accident. A clear medical statement helps satisfy the requirement that the work loss resulted from accident-related injuries.
6. Submit Your Claim to Your Insurer
Send all evidence—employment records, wage calculations, medical statements—to your PIP insurer. File your claim promptly, since Michigan law generally requires prompt submission of wage loss claims.
7. Prepare for Insurer Inquiries or Denials
If the insurer requests more information, respond quickly with additional records. If denied, you can request a hearing before the Michigan Assigned Claims Facility or file suit in a state court.
Helpful Hints
- Keep original pay stubs and ask for certified copies if needed.
- Use a calendar or digital app to track missed shifts and reduced hours.
- Get medical statements on official letterhead with the provider’s credentials.
- Ask your employer to detail any bonuses or variable pay that affect your average wage.
- Maintain copies of all correspondence with the insurance company.
- Consider a legal consultation if your insurer disputes your claim or undervalues your lost wages.