Car accidents are a stressful situation for all involved. Often times the people involved in the accident are injured and unable to work for a period of time after the accident. Thankfully, Oregon law provides some relief to those injured in a car accident and forced to miss work.
ORS 742.524(2) requires that insurers provide lost wages benefits to injured claimants who cannot work for at least fourteen (14) days. However, the law does not provide for full payment of lost wages. Once the disability due to injury in a car accident continues for at least 14 days, the Personal Injury Protection coverage is required to pay out 70% of the injured person’s usual monthly income up to a maximum monthly payment of $3,000. These payments continue for a maximum payment period of fifty-two (52) weeks.
Most people hear the seventy percent number and find it unfair. It is unfair, but ultimately the injured person should recover the remaining 30% from the insurance company of the person who caused the accident. The problem is that the 30% from the adverse insurance company doesn’t usually get paid out until a final settlement for bodily injury is reached. This process can take years so the injured person is left with a temporary 30% reduction in wages.