The amount of compensation you seek when negotiating your settlement includes all the income you have lost because of being injured by someone else’s negligent acts. Most personal injury victims will lose income while being hospitalized during the treatment. Others who will have to follow a more complex recovery will lose additional working days.
Sick leave can be used to compensate for all or part of these economic losses. However, the fact that you have covered the lost days should not influence the final settlement amount.
Negotiating with the insurance claim adjuster for the sick leave can sometimes be strenuous. One of our Los Angeles personal injury attorneys can help you during this time and can make sure that you are rightfully compensated for all of the missed work days.
Sick leave and paid holidays
Employees in California qualify for sick leave under several conditions, including working for a 90 day period before taking sick leave and working for the same employer for at least 30 days within one year.
The fact that you were able to take sick leave and/or had paid vacation days while you were hospitalized after a vehicle accident or another type of incident should not influence the final settlement amount. As an employee, you are granted the legal right to use these days for purposes other than being injured in an accident caused by another party.
As an employee in California, you are entitled to use the sick leave after being injured or for subsequent doctor’s appointments. The employee is nevertheless obliged to notify the employer in advance; for unforeseeable events, like in the case of personal injury accidents, the notice may be submitted as soon as the victim is able to do so.
Employer policies in California can also include a Paid Time Off Plan (PTO). This is an employer-made plan that must satisfy all of the conditions for sick leave according to the Californian laws. If you use the PTO time for treating the injuries sustained in a car accident, for example, you can ask your Los Angeles personal injury attorney to add this lost benefit as part of the general damages. The reason for this is that if it weren’t for the accident you wouldn’t have lost the PTO time.
You can bring documentation showing the number of days you have missed from work and the income you lost or would have made during this time.
We invite you to watch a video on obtaining the sick leave:
Lost income and future lost income
When calculating the total economic losses victims should consider the income they’ve lost during the initial treatment period but also the income they will lose while not being able to work during the recovery period.
Serious injuries may mean that the victim will never be able to work again. These are substantial economic losses and should be calculated with the utmost care and diligence. You can contact one of our Los Angeles personal injury attorneys if you have questions about how to include the lost income in the final settlement amount even if part of it is covered by sick leave.
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