I took my two-week paid vacation plus some extra sick time to stay home and heal from my injuries. Now I have no vacation time left for the rest of the year. Am I entitled to be paid for this time by the responsible driver? Can I recover for lost earnings even though I did not lose any income? How can I prove I took this time off?

If you are injured in an accident and you need to take time off from work to heal, you are entitled to do that. You will need a medical authorization from your physician in order to show that you did not just decide on your own to stay home. You will also need a release from the doctor indicating that it is okay for you to return to work on a specific day, whether you are returning full time or part time, and whether or not there are any restrictions on the work you are able to do. Lost earnings does not just mean that you lost your salary. It can also apply to lost benefits, lost vacation time and lost sick time. These all have value and you are entitled to recover whatever value you had to give up in order to recuperate from your injuries.

If you can prove your claim, you will be permitted to recoup all of your reasonable and necessary losses. If your doctor recommended you take the time off, it's more likely to be seen as reasonable and necessary. If your employer said you have to take your vacation time and your sick leave, then that's what you do. Ask your employer to provide a letter on the company letterhead indicating how much vacation time and how much sick time you took off, what the value of your vacation time is (e.g. two weeks vacation = two weeks gross salary) plus, what the value of your sick time is. Sick time is different at different companies, so your employer would need to be specific. At some companies, it translates one for one with a day of salary. At others, three sick days or five sick days is equal to one day of salary. This documentation is presented to the responsible party, their insurance company or their attorney as proof of your loss, and you should be compensated.

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