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Lost Wages After an Accident: Your Legal Options for Compensation in Michigan

When you are involved in an accident, wage replacement for time missed from work is an immediate concern. Also, just having the ability to take time off of work (paid or unpaid) and having a job when you return is of the utmost importance.

Workers’ compensation refers to an insurance system put in place to compensate employees for wages lost from a work-related injury. Employers are required to purchase this insurance coverage for employees, in case they are ever injured on the job.

What about cases when you miss work due to an injury that was not sustained while on the job? Rest assured, even in instances when you are injured in an accident completely unrelated to work, there are still ways for you to be compensated for lost wages.

Here are some of your options (some paid and some unpaid) that provide for time off following a non-work-related injury:

Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid leave for serious health concerns. Most employers with over 50 employees are eligible for FMLA coverage, as well as all government agencies and schools, regardless of the number of employees.

Health conditions that are covered by the FMLA include:

  • conditions requiring an overnight stay in a hospital or other medical care facility
  • conditions that incapacitate you or your family member (for example, unable to work or attend school) for more than three consecutive days and require ongoing medical treatment
  • chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year
  • pregnancy

To receive FMLA coverage, it is essential that you notify your employer about your need for time off as soon as possible. While 30 days’ notice is usually required to file for such a leave, exceptions are often made in the event of unexpected injury. FMLA leave request forms are normally provided by your employer.

Short-Term Disability (STD) Benefits

STD insurance is another avenue for securing lost wages following a non-work-related accident.  STD coverage is not required by law, so not all employers offer such benefits.

To qualify for short term disability benefits, an employee must be deemed unable to do their job by a medical professional. In the event an individual is deemed unable to perform their job, STD coverage typically lasts from 3-6 months and in some cases, up to a year.

Employer-Specific Policies

Sometimes employers do not provide FMLA or STD insurance coverage. In cases like this, where there are no benefits offered for unexpected medical-related leaves, it is best to inquire with the HR department of your employer, to see if you qualify for a paid time off (PTO) or other sick leave programs.

Get David Get Paid

If you or a loved one was recently involved in an accident, do not hesitate in reaching out Femminineo Law today.

David and the team at Femminineo Law will guide you step by step through the insurance claim process. Every aspect of your case will be treated with the utmost care and respect. You can rest assured that with David handling your case, you will receive the FULL compensation you deserve (including lost wages, medical expenses, and any property damages).

Give us a call today at 855-65CRASH or visit our website at getdavidgetpaid.com.

Hire the best personal injury lawyers in Michigan

Femminineo Law, PLLC is Michigan’s finest personal injury firm. He has succeeded in recovering hundreds of millions of dollars for victims of highway accidents, medical malpractice, slips and falls, and for wrongful death matters throughout the State of Michigan.

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