Personal injury claim/Lost wages

[txdakotagirl]

What is the name of your state (only U.S. law)? Texas

I am currently in process of settling claim with Progressive. Rear ended and their driver has been found 100 percent at fault. I have been I treatment for the last 4 months and have missed about 80 for appointments and procedure. Am I entitled to 100 percent compensation for missed time?

Progressive says they only pay 80 percent of lost wages. She also made a mention, its basically what I would get after taxes.

As I read more and more about injury claims, lost wage reimbursement is taxable. So why would they get to pay 80 on something I would still have to pay taxes on in future?

Any advice would be appreciated.

 

[ecmst12]

Lost wages are only compensable if you are medically unable to work due to your injuries. Time off for appointments is not compensable as lost wages, it would be included as part of your pain and suffering (general damages).

 

[txdakotagirl]

Lost wages are only compensable if you are medically unable to work due to your injuries. Time off for appointments is not compensable as lost wages, it would be included as part of your pain and suffering (general damages).

Okay that makes sense so the days missed here and there for appointments woul be p&s.

The concussion did put me out for a week per doctor order, 40 hours missed for injury. So with that in mind is it 80percent or 100.

Thank you for taking the time to respond.

 

[ecmst12]

Did you receive vacation or sick time pay for that week? If so, also not compensable as lost wages.

 

[txdakotagirl]

Did you receive vacation or sick time pay for that week? If so, also not compensable as lost wages.

No vacation or sick time so took the hit on my paycheck.

 

[ecmst12]

So far as I know then, it should be reimbursed 100% and taxed as wages, unless there is some odd TX specific law that I don't know about. You would need to provide pay stubs as proof of what you make and proof that you were out with no compensation on those dates plus medical certification that you were physically unable to work.

 

[txdakotagirl]

I will look into a bit more, but thanks for giving me a direction to go