Expert: Anne - 10/3/2008

Question
I was hit from behind at a stop light in January.  I had to miss a total of 84 hours work (vacation and sick leave) but it was over a period of time when the migraines would hit.  I would call in sick and if I was out of time, it would go against my vacation time.  When I called in, I am not required to give my employer a reason that I will be out.  Now I can't get the employer to sign a wage verification because they know I missed those hours, but they don't know it was because of an accident.  Do I have any recourse?  I really want to add in my wages when I try to settle.

Answer
Hi Laurie,

That really stinks. Your employer should not give you this type of problems when you are seeking lost wages, but they can.

What happens is that employers document that you did not go to work and took sick/vacation time. They do not attribute it to any reason if they do not want to. Even if they do say that you call in sick because of the accident, the insurance company will try to argue that this is what you claimed but not what your doctors says.

In any event, even if you did call and claimed that you were sick, your employer cannot testify to whether that is or not accurate (they are not doctors). They can claim that you stated that, but again, what matters is that  you did not go to work and you had a medical reason not to (your doctor is the one that will attribute this to you).

If your employer continues to not sign the medical release, draft a new form where they only state the days that you missed because of vacation/sickness. Do not give them the opportunity to write a reason.

Have your doctor document in a letter the reason. She is the only person that can document that.

For more information about how to document your injury claim and lost wages claim, visit:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html


I hope this helps,

Good Luck
Anne