Disclaimer: This content is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
If an accident leaves you unable to work in Wyoming, you can pursue several avenues to recover lost wages. Your choice depends on where the accident occurred, who is at fault, and the type of coverage you have. Below are the main options:
1. Workers’ Compensation Benefits
If you suffered injuries on the job, you likely qualify for workers’ compensation wage-loss benefits. Under Wyoming law, you can receive a percentage of your average weekly wage until you return to work or reach maximum medical improvement. You must report the injury to your employer within 90 days of the accident. For definitions and eligibility, see Wyo. Stat. §27-14-102 et seq. (Title 27).
2. Third-Party Personal Injury Claim
If someone else’s negligence caused your injury—such as a car wreck or a slip-and-fall—you may file a personal injury lawsuit. You can seek “special damages,” including lost past and future wages. Wyoming’s two-year statute of limitations applies to most personal injury claims: see Wyo. Stat. §1-3-105 (Title 1).
3. Auto Insurance Coverage (PIP and UIM/UM)
Wyoming motorists can add Personal Injury Protection (PIP) to their auto policy. PIP covers medical bills and lost wages up to policy limits, regardless of fault. If the at-fault driver lacks insurance or has insufficient limits, your Uninsured/Underinsured Motorist (UM/UIM) coverage can fill the gap. Review your declarations page to confirm your coverage and limits.
4. Short-Term and Long-Term Disability Insurance
If you carry private disability insurance or receive coverage through your employer, you can submit a claim for wage replacement. Short-term plans often cover 60–70% of your salary for 3–6 months; long-term plans may continue benefits for years or until retirement age, depending on your policy.
5. Social Security Disability Insurance (SSDI)
If your injury prevents you from working for at least 12 months, you may qualify for Social Security Disability Insurance. SSDI benefits take time to process and require medical evidence showing you cannot perform substantial gainful activity.
Helpful Hints
- Document everything: Collect pay stubs, tax returns, timecards, and medical records to calculate lost earnings.
- Meet deadlines: File workers’ comp reports within 90 days and personal injury suits within two years of the accident.
- Notify insurers promptly: Report your claim to all potential carriers—workers’ comp, auto, disability—to avoid delays or denials.
- Keep treatment records: Ongoing care notes strengthen your case for both medical damages and lost wages.
- Consult early: Seek help from a qualified Wyoming attorney to assess which recovery paths apply to you.