Can I Get Compensated for Using PTO or Sick Days After a Car Accident?
If you were forced to use paid time off (PTO), sick days, or missed work due to injuries from a car accident, you may be entitled to lost wages compensation under Texas law. Proper documentation and legal guidance are essential to ensure you are fully compensated.
1. PTO and Sick Days Count as Lost Wages
When you use PTO or sick days because of an injury caused by someone else, those days are considered part of your lost wages. The insurance company must account for this if the injury prevented you from working. Simply reporting missed time is often not enough—you must document your time off and wages accurately.
2. Future Earning Capacity
If your injuries prevent you from returning to your previous job or require you to take a lower-paying position, you may also be entitled to compensation for lost future income. Texas law allows recovery for diminished earning capacity resulting from an accident caused by someone else.
3. Proper Documentation is Key
To claim lost wages:
Obtain documentation from your employer showing PTO, sick days, and hours missed
Provide medical records proving your injury prevented you from working
Present this information properly to the insurance adjuster
Without proper documentation and legal guidance, insurance companies may attempt to lowball your claim.
4. Why You Need an Attorney
An experienced personal injury attorney can:
Properly calculate lost wages, including PTO and sick days
Document your claim for both past and future lost earnings
Negotiate with insurance companies to avoid lowball offers
Take the case to court if necessary to maximize compensation