Key Takeaway
Learn how to protect your lost wages claim in New York personal injury cases. Avoid job abandonment pitfalls with expert legal guidance. Call 516-750-0595 for help.
This article is part of our ongoing lost wages coverage, with 10 published articles analyzing lost wages issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Understanding Lost Wages Claims in New York Personal Injury Cases
When you’re injured in an accident in New York or Long Island, recovering lost wages is often a crucial component of your personal injury claim. However, as demonstrated in the recent Ross v Geico Indem. Co. case (2019 NY Slip Op 04242, 3d Dept. 2019), there are important limitations and pitfalls that can derail your wage claim – even when you have a legitimate injury.
The Ross v. Geico Case: A Cautionary Tale
The Ross case provides a perfect example of how job abandonment can impact no-fault insurance lost wage benefits. In October 2014, defendant Geico denied the plaintiff any additional no-fault insurance lost wage benefits after receiving notification from Walmart that the plaintiff was terminated from employment due to her lack of compliance with Walmart’s leave of absence guidelines. The plaintiff then filed a lawsuit claiming her continued entitlement to no-fault lost wage benefits.
The Facts of the Case
There was no dispute that the plaintiff sustained disabling injuries as a result of the accident that prevented her, at least initially, from returning to work at Walmart. Based on her injuries, she obtained:
- A leave of absence from Sedgwick (Walmart’s third-party administrator)
- Short-term disability benefits through Walmart’s disability carrier through July 7, 2014
- No-fault lost wage benefits from defendant Geico through September 2014
Where Things Went Wrong
The plaintiff acknowledged that Sedgwick approved her initial request for a leave of absence and that she thereafter twice communicated her status to Sedgwick by providing copies of doctor’s notes excusing her absence from work. However, the critical problem arose with the timing of her medical documentation.
The last doctor’s note that plaintiff provided prior to her termination was dated January 17, 2014, and only excused her absence from work until March 1, 2014. There was unrefuted record evidence that she had been advised of the need to provide updates regarding her status. By separation notice dated May 6, 2014, Walmart notified plaintiff that her employment was to be terminated as of May 23, 2014, based upon her “failure to return from leave .”
Understanding No-Fault Lost Wage Benefits in New York
No-fault insurance in New York is designed to provide immediate benefits to accident victims, regardless of who was at fault. These benefits include medical expenses, lost wages, and other necessary expenses. However, to continue receiving lost wage benefits, you must maintain your employment status or demonstrate that your inability to work is directly related to your accident injuries.
Key Requirements for Lost Wage Claims
To successfully claim lost wages under no-fault insurance, you must:
- Maintain proper medical documentation: Regular updates from your treating physician
- Comply with employer policies: Follow leave of absence procedures and deadlines
- Provide timely updates: Keep both your employer and insurance company informed of your status
- Demonstrate causation: Show that your inability to work is directly related to the accident
The Court’s Decision and Its Implications
The court ruled against the plaintiff, finding that Geico was entitled to rely on the documentation it received from Walmart indicating that plaintiff was terminated from employment for reasons unrelated to her injuries. The court noted:
“This is not an action for wrongful termination, and it was not defendant who terminated plaintiff’s employment. To the extent that plaintiff believes that she was wrongfully terminated, she may pursue any legal remedies that she may have against Walmart and/or Sedgwick. Defendant, however, was entitled to rely on the documentation it received from Walmart indicating that plaintiff was terminated from employment for reasons unrelated to her injuries.”
The Job Abandonment Rule
The court’s decision highlights an important legal principle: job abandonment can effectively end a lost wages claim, even when the person is disabled from their injuries. As the court noted, “under established precedent, the injured person gets a pass if he or she gets fired while disabled. Thus, leaving a job while disabled was never an issue. Here, the Court has held that job abandonment ends the inquiry.”
Protecting Your Lost Wage Claim
If you’ve been injured in an accident and are unable to work, it’s crucial to take the following steps to protect your lost wage claim:
Immediate Steps After Your Injury
- Seek immediate medical attention: Document your injuries thoroughly with medical professionals
- Notify your employer promptly: Inform your employer about your accident and inability to work
- Understand your company’s policies: Learn about leave of absence procedures, deadlines, and requirements
- Maintain regular communication: Keep both your employer and insurance company updated on your condition
Documentation Requirements
Proper documentation is essential for a successful lost wage claim. This includes:
- Regular medical reports from your treating physician
- Work restrictions and limitations clearly outlined
- Correspondence with your employer regarding your leave
- Proof of compliance with company policies
- Records of all communications with the insurance company
Common Pitfalls to Avoid
Based on cases like Ross v. Geico, here are common mistakes that can jeopardize your lost wage claim:
Failure to Maintain Medical Documentation
One of the most common mistakes is allowing gaps in medical documentation. Your doctor’s notes must be current and should clearly state your work restrictions and expected return date. If your condition changes or recovery takes longer than expected, you need updated medical documentation immediately.
Ignoring Employer Deadlines
Many employers have strict deadlines for leave of absence extensions and documentation. Missing these deadlines can result in termination for job abandonment, as happened in the Ross case. Make sure you understand all deadlines and comply with them religiously.
Poor Communication
Failing to maintain regular communication with your employer and insurance company can be detrimental to your claim. Even if you’re in pain or dealing with other issues, you must stay on top of required communications and documentation.
When You Need Legal Help
Lost wage claims can be complex, especially when dealing with employer policies, insurance companies, and medical documentation requirements. If you’re facing challenges with your lost wage claim or have been injured in an accident, it’s important to seek experienced legal representation.
Our experienced personal injury attorneys in New York understand the complexities of no-fault insurance claims and can help you navigate the process successfully.
How an Experienced Personal Injury Attorney Can Help
A skilled personal injury lawyer can assist you by:
- Reviewing your case and identifying potential issues early
- Helping you comply with employer policies and insurance requirements
- Coordinating with your medical providers to ensure proper documentation
- Negotiating with insurance companies on your behalf
- Pursuing all available sources of compensation
- Protecting your rights if your claim is denied or disputed
Frequently Asked Questions About Lost Wage Claims
Can I still claim lost wages if I was terminated while on medical leave?
It depends on the circumstances. If you were terminated for reasons unrelated to your injury (such as job abandonment or failure to follow company policies), it may be difficult to continue your lost wage claim. However, if you were wrongfully terminated due to your injury or disability, you may have additional legal remedies available.
How long can I collect no-fault lost wage benefits in New York?
No-fault insurance in New York provides lost wage benefits up to $2,000 per month for up to three years from the date of the accident, subject to certain limitations and requirements. However, you must continue to meet the eligibility requirements throughout this period.
What if my employer doesn’t have clear leave of absence policies?
Even if your employer doesn’t have formal policies, you should still maintain regular communication and provide medical documentation of your inability to work. The key is to demonstrate that you haven’t abandoned your job but are unable to work due to your injuries.
Can I pursue other compensation if my no-fault benefits are denied?
Yes, if your no-fault benefits are denied, you may still be able to pursue compensation through a personal injury lawsuit against the at-fault party. This can include lost wages, pain and suffering, medical expenses, and other damages not covered by no-fault insurance.
What should I do if I disagree with my insurance company’s decision?
If your insurance company denies your lost wage claim or stops your benefits, you have the right to dispute their decision. This may involve arbitration, litigation, or other legal proceedings. It’s important to act quickly, as there are time limits for challenging insurance company decisions.
Protecting Your Future After an Injury
The Ross v. Geico case serves as an important reminder that even when you have legitimate injuries from an accident, failing to follow proper procedures can jeopardize your compensation. Whether you’re dealing with no-fault insurance benefits, employer leave policies, or personal injury claims, attention to detail and proper legal guidance are essential.
If you’ve been injured in an accident in New York or Long Island, don’t let procedural missteps derail your recovery. Understanding your rights and obligations is the first step toward securing the compensation you deserve.
Don’t wait – if you’ve been injured and are facing challenges with lost wage claims, call 516-750-0595 for a free consultation. Our experienced personal injury attorneys can review your case, help you understand your options, and fight for the compensation you deserve.
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a lost wages matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
