If you were injured in a car accident and had to miss work, you may have used paid time off (PTO) or sick leave to cover those missed days. Many people in this situation wonder if they can still claim lost wages in a personal injury case, even though they continued to receive a paycheck.
The short answer is yes, you may still be entitled to recover the value of that missed time, even if you used PTO or sick leave.
At the Law Offices of Brent W. Caldwell, we help injured individuals throughout California recover lost income and make sure insurance companies do not take advantage of them.
Using PTO or Sick Time Does Not Cancel Out Your Wage Loss
California law allows you to recover for lost earning capacity, not just money you physically missed out on. If you had to use PTO, vacation time, or sick leave to recover from accident-related injuries, you lost valuable benefits that could have been used later. That has a real, measurable value.
Think of it this way: If you had not been injured, you could have saved that time for something else, like future illness, family obligations, or vacation. Using it to cover time off caused by someone else’s negligence is still considered a form of economic loss.
How to Prove Your Lost Wages
To include PTO or sick time in a claim, we gather evidence that shows:
- The days or hours you missed due to the accident
- The type of leave used (PTO, sick leave, vacation time)
- Your regular rate of pay
- Medical records or doctor’s notes recommending time off
- Employer statements confirming time missed and pay status
If you are self-employed or work on commission, the calculation can be more complex, but documentation like prior tax returns, client invoices, and profit-and-loss statements can still support your claim.
Why This Matters
Insurance companies often try to downplay lost wage claims, especially when the injured person continued to receive some form of income. That is why it is important to clearly show not only the time you missed, but also how the accident forced you to use benefits you would not have needed otherwise.
We make sure our clients are not short-changed when it comes to recovering lost earnings.
Talk to a Lawyer Before You Settle
If you were injured in a car accident and had to miss work, even if you used PTO or sick leave, you may be entitled to compensation for that time. Do not assume that because you were still getting paid, you are not owed anything.
Contact the Law Offices of Brent W. Caldwell today for a free consultation. We can review your situation and help you understand the full value of your claim. You pay nothing unless we recover compensation on your behalf.
