Can I claim loss wages from my job while receiving workers comp prior to the accident?

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Can I claim loss wages from my job while receiving workers comp prior to the accident?

I was rear-ended which caused me a great stress of back pains. I am a teacher so when the accident happened, it was summer session, and therefore couldnt claim any wage loss. The accident happened in June and I requested a wage loss in Aug. because school started back and I was still out of work because of my back and a prior work comp incident.

Asked on November 13, 2017 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The workers' compensation case and the auto accident case are separate matters.  
When you complete your medical treatment from the auto accident and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include those items.  Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the auto accident case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  CA has a two year statute of limitations for filing a lawsuit in a personal injury case.  This means the lawsuit must be filed prior to the two year anniversary of the date of the accident.


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