What can I do if I was injured in a car accident off the job but my employer refuses to fill out the paperwork I need for a claim in order to receive lost wages from insurance?

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What can I do if I was injured in a car accident off the job but my employer refuses to fill out the paperwork I need for a claim in order to receive lost wages from insurance?

Is there anything I can do to demand the information? I’ve been unable to work due to my injuries and have no income.

Asked on January 15, 2016 under Personal Injury, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't force them to fill out the paperwork--while it's common for an employer to do this, they are not legally obligated to do so. However, you should be able to prove your income/wages other ways, such as with paystubs, W-2s or 1099s, tax returns, etc. The insurer cannot insist only verifying wages through your employer, since there is no way to compel the employer to do this. If you provide other valid information (like pay stubs) to the insurer and the insurer still refuses to process your claim, you could sue the insurer for breach of contract (violating their obligation to you) if it was your insurer, or sue the at-fault driver if another driver hit and hurt you.


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