CUSHNER & BLOOM, P.C.
BROOKLINE, MA 02446
Tel. (617) 608-0019
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-mail:
cbpc@ix.netcom.com
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ATTORNEY PROFILE:
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Contact Us:
1170 Beacon Street, Brookline, MA 02446 By telephone: (617) 608-0019 By fax: (617) 608-0022 Or, go to our Comments Page |
Who will pay my lost wages if I am unable to work after an automobile accident?
THE FOLLOWING IS A GENERAL OVERVIEW OF ONLY PORTIONS OF THE APPLICABLE LAW. IT IS NOT INTENDED TO BE COMPLETE NOR IS INTENDED TO CONSTITUTE LEGAL ADVICE.
Under Massachusetts law, generally, most automobiles (with a few exceptions) carry "Personal Injury Protection" provisions in the applicable auto insurance policy. This part of the auto insurance provides for payment to:
(i) the named insured;
(ii) members of the insured's household; and
(iii) any authorized operator or passenger of the insider's motor vehicle,
including a guest occupant and any pedestrian struck by the insider's motor vehicleunless any of these persons would otherwise be covered under worker's compensation insurance for the same accident.
Generally, the Personal Injury Protection provisions will provide lost wage benefits to employed or self-employed persons for amounts actually lost by reason of inability to work and earn wages or salary or their equivalent (but no other lost income) that would otherwise have been earned in the normal course of an injured person's employment, and for payments in fact made to others who are not members of the injured person's household and reasonably incurred for replacement services (payment for services that the injured person would have performed in his house had he not been hurt). The PIP will also pay benefits to injured persons, unemployed or self-employed at the time of an accident for any loss by reason of diminution of earning power and for replacement services.
Payments for loss of wages or, in the case of persons not employed, loss by reason of diminution of earning power, are limited to amounts actually lost by reason of the accident are and further limited:
(1) in the case of persons entitled to wages or their equivalent under any program for continuation of said wages or salary or their equivalent to an amount that, together with any payments due under such a program, will provide 75% of the average weekly wage or salary or its equivalent for the year immediately preceding the accident; or
(2) in the case of persons not entitled to wages under any program for continuation of said wages or salary or their equivalent to an amount that will provide 75% of the the average weekly wage for the year immediately preceding the accident.
This provision applies regardless of fault. The limits of this type of insurance (for lost wage benefits and medical coverage) is usually (but not always) $8000 per covered person.
The auto insurance company may refuse to pay a person personal injury protection benefits if such person's conduct contributed to his or her injury in any of the following ways while operating a motor vehicle in the Commonwealth of Massachusetts:
(1) while under the influence of alcohol or a narcotic drug; (2) while committing a felony or seeking to avoid lawful apprehension or arrest by a police officer; (3) with the specific intent of causing injury or damage to himself or others; and for other reasons.
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Our Policy At Cushner & Bloom, P.C., our clients always get the attention of the attorney handling their case. We know that our clients' questions are important to them and we make it our policy to try to return all telephone calls as soon as possible, and almost always within 24 hours. In your time of need, call me. Let me fight your legal battles!
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DISCLAIMERS
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