Can I claim lost wages when unemployed and injured in an accident?
I am negotiating a settlement with an insurance company. I was injured riding my bicycle. The insurance company for the driver of the car involved is admitting fault. I was unemployed and collecting benefits at the time of the accident. After the injury, I was unable to claim and collect benefits because I was unable to work due to the injury. I am making a claim to his insurance company for lost wages. Am I entitled to claim lost wages based on my earnings from my last employment? If so, can I claim gross or net earnings lost?
1) You should appeal your denial of benefits; it is very unusual to be unable to collect UI owing to an injury. Not being willing or available to work is a different matter than being physical unable.
2) You cannot sue for lost wages when you had no wages. If it truly is the case, that even after you appeal, you cannot collect UI owing to the injury, you *might* be able to sue for that--but only for the lost UI, which is all you lost.
3) If going forward into the future, you are unable to work, or can only work at reduced wages, you may have claim for, regardless of whether you have a claim for wages lost to date.
4) Remember, you can also sue for medical costs; in a severe injury, you may be able to sue for pain and suffering; and you can sue also for property damange (the bicycle) and for other direct costs (e.g. housekeeping, because you couldn't even clean while injured).
You should consult with a personal injury attorney about what claims you may have and what they might be worth. You should also appeal your denial of UI.