What Happens If You Miss Work After an Accident in California?
Accidents don’t just hurt your body—they disrupt your entire life. Your calendar gets wiped out. Your income stops. And your routine becomes a blur of doctor’s appointments and recovery.
If you’re sitting at home, wondering how you’re supposed to pay bills without a paycheck, you’re not alone. One of the most common questions we hear at DK Law is:
“Can I get paid for the time I missed at work after a car accident?”
The short answer: Yes, in many cases, you can.
Let’s break down what that looks like under California law—and how to make sure you don’t leave money on the table.
Lost Wages 101: What Can You Claim?
In California, if someone else was at fault for your accident—whether it was a car crash, pedestrian accident, or any type of injury—you may be entitled to recover lost wages as part of your personal injury claim.
That includes compensation for:
- Full days of missed work
- Partial days (like leaving early or arriving late due to appointments or pain)
- Overtime you were scheduled to work
- Bonuses, tips, or commissions you missed out on
- Sick leave or vacation time you had to use because of the injury
These aren’t just optional benefits—they’re part of the economic damages you’re entitled to under California law.
What If You’re Self-Employed or a Gig Worker?
Good news: Even if you’re not a traditional 9-to-5 employee, you can still recover income lost due to an accident.
This includes:
- Freelancers
- Consultants
- Rideshare and delivery drivers
- Small business owners
- Creators or influencers
- Independent contractors
The process is a bit more document-heavy, but fully possible. You’ll need to show what you would have earned if the accident hadn’t happened.
We help clients build strong self-employed lost wage claims using:
- Past invoices and contracts
- Bank deposit history
- Client statements or letters
- Tax returns
- Work schedules or booking records
It might take some digging, but the payout can be significant.
What About Long-Term Impact?
Some injuries don’t just keep you out of work temporarily—they change your future entirely.
If your accident limits your ability to return to the same job or reduces the hours you can handle, you may also be entitled to compensation for loss of earning capacity.
This covers future income you reasonably would’ve earned, had the accident never occurred. We work with:
- Medical experts to show your physical limitations
- Vocational specialists to determine how your career options have changed
- Economists to calculate what your projected earnings would have been
Example
Let’s say you were a mechanic earning $60,000 a year, but due to a back injury, you can no longer lift heavy equipment. If you’re now only able to work part-time at a desk job making $35,000, the difference can be recovered as part of your claim.
Proof Matters (But It Doesn’t Have to Be Complicated)
You don’t need color-coded spreadsheets or fancy accounting. But evidence is key to recovering lost wages.
Some helpful documentation includes:
- Doctor’s notes or medical records that recommend time off or work restrictions
- Pay stubs or direct deposit history from before and after the accident
- Employer letters confirming your time off and rate of pay
- A calendar or log of missed workdays
- Timesheets, if applicable
If you’re not sure what you need, that’s okay. At DK Law, we walk you through every step and help you gather and organize the right documents to back up your claim.
Do You Need a Lawyer to Claim Lost Wages?
Technically, no—you can file a claim on your own. But without legal help, you may not get the full amount you’re entitled to.
Insurance companies are skilled at minimizing payouts. They might:
- Demand unnecessary documentation
- Question your need for time off
- Lowball your estimated losses
- Refuse to account for commissions or future losses
When you have a lawyer:
- You don’t have to argue with adjusters
- You know what your claim is really worth
- You get help calculating and proving everything you’re owed—not just your base pay
And if the insurance company refuses to play fair? We’re ready to take them to court.
What If You Were Already on Leave or Unemployed?
Even if you weren’t working full-time at the time of the accident, you might still have a claim.
You could be:
- Between jobs
- On maternity or paternity leave
- A full-time student
- A stay-at-home parent with a side hustle
Every situation is different, but we look at your recent work history, qualifications, and realistic earning potential to determine whether a loss-of-income claim still applies.
Bottom Line
You didn’t ask to be in an accident. And you shouldn’t have to carry the financial burden—especially when it comes to lost income.
Whether you missed a few shifts or your entire career path has changed, you deserve to be compensated fairly.
At DK Law, we help Californians recover every dollar they’re owed after a crash. We handle the paperwork, fight the insurance company, and make sure no detail is overlooked.
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