How do I get Lost Wages from USAA after an Accident?

Were you injured in an accident, such as a car crash, slip and fall, or assault and battery, due to someone else’s negligence or misconduct? If the at fault individual or company is insured by USAA, you can file an insurance claim to request compensation for your economic and non-economic damages. Economic damages include lost wages, which will compensate you for the time you missed from work as a direct result of your accident. However, these companies can make it very difficult to obtain the funds you are owed.

Understanding your rights as an injury victim is critical to succeeding in a claim against USAA. Our lawyers have stood up to countless insurance companies throughout the years. We are more than ready to recover your settlement and help you move forward from your accident. To learn how we can assist you, schedule a free case evaluation with one of our attorneys.

Does USAA have to pay for Your Lost wages if I Miss Work after an Accident?

Yes, if you missed time from work due to the recovery needs from your accident, USAA must compensate you for your lost wages. But USAA is like any other insurance provider when it comes to saving money. Their agents are extremely skilled in manipulating the facts and getting you to say and do things that can be used against you. Having a lawyer is your best form of defense, and insurance companies are well aware of this fact. That’s why they call you right after an accident and will keep calling you, in the hopes that they can get to you before you speak with a lawyer. To protect your rights and recover the payment you deserve, contact the personal injury lawyers of Normandie as soon as possible.

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Documents to Prove a Case for Missed Time off at Work

Now that we’ve clarified your right to lost wages after an accident, the next question is:

What documentation do I have to show to get lost wages compensation from USAA?

The first step to establishing a case for lost wages is proving that you suffered physical and/or emotional limitations from the accident that impaired your ability to work. Medical records are the best form of evidence, but you may need testimony from a medical expert if you have serious, long-term / lifelong injuries. This means you have suffered loss of earning potential or lost the ability to work altogether, which entitles you to future wages, possibly up until the age of retirement.

Once you’ve established the harm that you’ve suffered, you must gather evidence of the wages that you have lost (and will continue to lose based on the severity of your injuries). This can be accomplished with financial records, such as:

• Paystubs or a proof of income statement from your employer
• Bank statements
• Federal and state income tax returns
• W-2 or another type of tax form from your employer

It’s important to understand that lost wages include more than your hourly rate or salary. You have the right to recover overtime pay you missed out on, benefits you were forced to use up, and other economic losses associated with your job. Basically, your payment from USAA should put you back in the same financial position you were in before the accident.

Can I get Compensation for PTO / Sick / Vacation Days?

Yes, you can ask to be reimbursed for sick days, vacation days, or any paid time off from your employer that you had to use as a result of your accident. USAA may try to convince you that they don’t have to pay you for this time, as it was already covered by your employer. But here’s the truth: PTO is a work benefit that’s meant to be used at your discretion. If you were forced to use them in order to stay afloat after your accident, you essentially lost these benefits through no fault of your own. Thus, you are legally entitled to compensation for the amount of sick and personal days that were lost while recovering from your injuries.

Can I get Lost Wages if I’m Self-Employed?

If you’re a rideshare driver, delivery app worker, or perform some other type of self-employment, you can also demand lost income if you were injured at the hands of someone else. This process can be a bit more challenging, due to the fact that you don’t earn a consistent salary. However, income you have lost due to an accident can be proven with the following documents:

• Bank account statements
• Invoices and statements from payment apps (PayPal and Venmo, for example)
• 1099s and other tax forms
• Income tax returns for the previous year
• Cancelled assignments, projects, etc., to show proof of missed work opportunities

Don’t worry if all this seems a bit overwhelming to you. We have decades of experience in building strong, solid cases for lost income, even if you work a non-traditional job. Our attorneys will accurately valuate your losses from an accident and ensure that you are fully compensated by the responsible party.

Why is USAA Refusing to Pay for my Lost Wages?

It’s incredibly frustrating when you’ve handed in all the required documents, but USAA still refuses to pay you for lost wages. So why are they doing this, you ask?

In all honesty, it comes down to money and how much of it they can save. An insurance adjuster may give off the impression that they’re working hard to secure a fair payment on your behalf. In actuality, they are looking for reasons to reject your claim or how to reduce your payment as much as possible. In order to deny you lost wages, they may argue that your accident was not serious enough to cause the injuries you’ve sustained. They can also dispute the treatments you need, such as surgery and physical therapy, which will cause you to miss time at work. If you used PTO days for these treatments, or anything else associated with your recovery, you can expect USAA to deny you payment for these days.

There are plenty of other games that insurance companies will play, but there are legal actions you can take if an insurance company is giving you the runaround.

Can I Sue USAA for Refusing to pay for my Lost Wages?

Yes, if USAA is refusing to cover your lost pay which you are clearly entitled to, you may have grounds to file a lawsuit for insurance bad faith. Here are some examples of bad faith by an insurance company:

• Stall tactics, like dragging out an investigation or holding up a payment beyond a reasonable amount of time.
• Using misleading language regarding the laws or terms of the insurance policy.
• Denying a claim or portions of a claim without a valid reason.
• Refusal to negotiate in good faith and save the claimant the time and expense of filing a lawsuit.
• Using threatening / harassing language in order to intimidate or manipulate the injury victim.
• Trying to convince the victim that working with an attorney is not in their best interest.

The goal of an insurance adjuster is to get to you before you speak with a lawyer, who will protect you from signing off on a low settlement. They are very good at tricking people out of the funds they deserve, so you should contact a lawyer right away if you’ve been injured by someone else’s negligence. By working with a lawyer right from the start, you maximize your chances of negotiating a fair and balanced settlement.

Schedule a Free Second Opinion

Do you have a pending injury claim that doesn’t seem to be going anywhere? Are you dissatisfied with the quality of service you are receiving from your current law firm? If so, we believe you will benefit from a second opinion with one of our attorneys. This is a free consultation, where we can assist you with a wide variety of questions, including:

• My attorney says I should settle, but I’m not sure. How much is my injury case worth?
• I’m upset with the lack of communication from my lawyer. How long should it take for them to get back to me?
• I’m confused about the statute of limitations on my case. How long do I have to file a lawsuit?
• It’s taking forever to settle my claim. How long do these cases take to settle?

After speaking with one of our experts, you may be interested in continuing your lawsuit with us. You can count on us to take immediate action on your case and fight for all the damages you are entitled to. However, you will never be charged for a second opinion no matter what you decide, so please take the chance of giving us a call.

No Recovery – No Payment

We know how tight your finances are when you are recovering from an accident. Though you have the right to sue the at fault party, the cost of legal fees may not be something you can afford. Our lawyers work on contingency, so you pay nothing upfront to retain our services. In fact, you won’t pay us anything at all for the entire duration of your case as a promise under the Zero fee guarantee. We only get paid by recovering your settlement, which means you won’t be responsible for any legal fees if we don’t win your case. Our lawyers are waiting to speak with you, so please reach out to us for a free case review.