Can I Receive Lost Wages for Missed Overtime Pay?
If you’ve been injured in a car accident in New York and can’t work, your no-fault insurance carrier will provide you with compensation for your lost wages. Police officers, firefighters, and other workers are often paid their salary by their employer even if they are injured and unable to work. Most employers, however, will not pay people for the overtime hours that they are unable to work. If you consistently receive overtime pay, your no-fault insurance carrier may reimburse you for the time you’ve missed.
The Process for Being Reimbursed
After being injured in a car accident, the first step in receiving wages for overtime you’ve missed is having your employer accurately complete the New York State no-fault wage verification form (NF-6). Most employers have difficulty understanding the form and do not complete it properly. A lawyer is often needed to walk a client’s employer through the form and assist them with its completion.
The next step is showing the no-fault insurance carrier that you routinely and regularly worked overtime before the accident. The law requires that future wages be “reasonably projected.” This is done through the presentation of past W-2s or a detailed letter from your employer.
At this point, the no-fault insurance carrier will typically become adversarial and refuse to pay an injured worker their lost wages due to missed overtime. They must be reminded that the New York State Insurance Department issued an opinion letter on November 20, 2003, that states, “Lost overtime wage benefits are eligible for reimbursement pursuant to Section 5102(a)(2), subject to the applicable limitations on reimbursement per month as specified in the applicable policy.”
Our Firm Can Help
Having your no-fault insurance carrier reimburse you for lost overtime can be a complicated process. You should hire an attorney to assist you with filing a claim. The workers’ compensation lawyers at The Law Office of Carl Maltese have experience helping clients obtain lost overtime pay after being in a car accident. Call to request a free consultation.