Detailed Answer
If you miss work after a car accident, you can recover lost wages through New Jersey’s Personal Injury Protection (PIP) benefits or a liability claim against the at-fault driver. Below are the steps to prove your part-time income loss.
1. Understand New Jersey’s PIP Income Continuation Benefits
Under New Jersey law, your automobile insurer must pay up to 70% of your lost wages—capped at $2,000 per month—for up to two years. See N.J.S.A. 39:6A-4.3. PIP applies regardless of fault. It covers part-time employees just like full-time workers.
2. Gather Pay Documentation
Document your part-time earnings by collecting:
- Recent pay stubs showing hours worked and rate of pay.
- Your W-2 or 1099 forms from the previous year.
- A letter from your employer confirming your hourly rate, average weekly hours, and days missed due to injury.
- Copies of bank statements showing direct deposits of your wages.
3. Calculate Your Average Weekly Income
For irregular schedules, total your earnings over the 90 days before the accident and divide by 13. This gives an accurate weekly average for your PIP claim. Document any tips or bonuses similarly.
4. Complete and Submit Your PIP Claim
Report your injury and wage loss to your insurer promptly. Use the standard IR-1 PIP form available from the New Jersey Division of Insurance. Attach all documentation. Keep proof of mailing or electronic submission.
5. Pursue a Liability Claim for Additional Losses
If your wage loss exceeds PIP limits or you suffer a permanent injury, you can file a third-party claim against the at-fault driver. In that case:
- Include your wage loss documentation as “special damages.”
- Obtain an affidavit from an accounting professional, if needed, to verify your income calculation.
- Track any future lost earnings until you reach maximum medical improvement.
Helpful Hints
- Keep a daily injury journal noting missed shifts and pain levels.
- Ask your employer for a written leave of absence confirmation.
- Make digital copies of all records and back them up securely.
- Submit PIP claims within 30 days of the accident to avoid delays.
- Consider consulting a vocational expert if your injury alters your earning capacity.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed New Jersey attorney about your specific situation.