Is my husband entitled to lost wages regarding an accident if he is paid in cash?

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Is my husband entitled to lost wages regarding an accident if he is paid in cash?

My husband is illegal and was involved in a rear-end accident. He was not a fault and is insured. He was in and out of work for about 7 months. His boss turned in a lost wages form but my husband gets paid cash. He has never filed a tax return. I will be adding him to my tax return this year so that he can get an ITIN number to start filing. Will this effect the loss of wages?

Asked on March 19, 2011 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband should be able to recover lost wages based on the document his boss submitted.  The insurance carrier looks at the lost wages document from the employer, which should be sufficient to support your husband's claim.

Your husband's personal injury claim filed with the insurance carrier of the driver who caused the accident should include medical bills, medical reports and wage loss.  The case should not be settled until your husband completes his medical treatment and is released by the doctor or is declared to be permanent and stationary by the doctor.  Permanent and stationary means that your husband has reached a point in his treatment where no further improvement is anticipated.  If the case is settled prior to being released by the doctor or being declared permanent and stationary, your husband will not be able to go back to the insurance carrier and ask for additional funds in the event of future treatment.  If future treatment is necessary, that should be included in the settlement based on an estimated cost discounted to present value.

Your husband should obtain his medical bills, medical reports and documentation of wage loss.  The medical reports will document the nature and extent of his injuries and will be used to determine the amount of compensation he receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills and wage loss is straight reimbursement.  If your husband is dissatisfied with settlement offers from the insurance carrier, he can file a lawsuit against the other driver for negligence.  If the case is not settled, your husband will need to file the lawsuit prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.

The property damage to your husband's vehicle is usually settled early in the case and is separate from the personal injury claim.

 


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