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Wage loss is part of a claim that you can make. Whether your accident was driving a car or rocking down the street and slipping and falling, whatever the tort claim is that you're bringing, whatever the nature of your injuries or how you how you became injured, there's still the entitlement to lost wages. So the question is, are you entitled to lost wages? Answer, yes. What you're entitled to get compensation back from the third party who caused the accident or an underinsured motorist policy that
00:00:28
might provide coverage is your wage loss, right? What you receive from a third party in terms of a first party benefit like a PTO type of benefit, any kind of wage supplement that you get from your work, that doesn't affect what your actual wage loss is. That's what you're entitled to. So, for example, if you're out for a week and you normally make $5,000 a week, then you're entitled to $5,000. If you had to claim PTO and you got the 5,000 back from your your work, but you've diminished the PTO
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The discussion concerns a personal injury case and the calculation of damages, specifically how PTO (paid time off) or other benefits received by the injured party may affect the amount recoverable from the third party responsible for the accident. The example discussed involves a total amount of $5,000. Even if the injured party received approximately $2,500 in PTO, the total compensation would remain $5,000 because the PTO is considered a collateral source. As a result, the PTO would not offset or reduce the amount that the third party who caused the accident is required to pay. The final calculation depends on the specific circumstances of the individual's employment, benefits, and personal injury claim.
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