Can I Recover Lost Wages After an Accident Injury in Florida?

If you’ve been injured in an accident here in Florida and you’re missing time from work, you’re probably wondering: “Can I get that money back?” That’s one of the most common questions we hear at Suarez & Montero — and it’s an important one. The short answer is yes, but like most things involving insurance, it’s not always simple.

Let’s break down how recovering lost wages works in Florida and what steps you need to take to protect your rights.

How Florida’s No-Fault System Works

Florida is a no-fault state when it comes to car accidents. That means if you’re injured in a crash — regardless of who caused it — you’ll first turn to your own insurance for coverage. Specifically, you’ll file a claim under your Personal Injury Protection (PIP) policy.

PIP is mandatory in Florida and covers:

• 80% of your medical expenses
• 60% of your lost wages
• Up to $10,000 total (in most cases)

That 60% wage coverage sounds helpful, but it’s often not enough. Between time off work, doctor appointments, and recovery, many accident victims are left with a significant financial gap. And that’s not even considering future income you might lose if your injury affects your long-term ability to work.

When Can You Go Beyond PIP?

Florida law allows you to step outside the no-fault system and file a claim against the at-fault party when your injuries meet the state’s “serious injury” threshold. This includes:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement
• Death

Once you meet this threshold, you’re no longer limited to your own PIP coverage. You can pursue a personal injury claim or lawsuit against the person who caused the crash — and that’s when full wage recovery becomes possible.

What Lost Wages Can You Recover?

There are two main types of wage-related damages we look at in a case:

Past Lost Wages

These are the earnings you’ve already lost due to your injury — the paychecks you missed while recovering or attending doctor appointments.

To prove past lost wages, we typically collect:

• Pay stubs and tax records
• A letter from your employer verifying time missed and normal wages
• Medical records showing your injury and any work restrictions

If you’re self-employed, we use tax returns, business records, and sometimes expert analysis to calculate what your earnings would’ve been.

Loss of Future Earning Capacity

If your injury is serious enough to affect your ability to work long-term — or forces you to take a lower-paying job — you may be entitled to compensation for your diminished earning capacity. That’s a more complex calculation. It can involve:

• Vocational experts who analyze your job prospects
• Economic professionals who project future income losses
• Medical evaluations showing how your injuries limit your ability to work

These cases require careful documentation and expert testimony, but they can make a major difference in your total recovery.

Real-World Example

Let’s say you’re a mechanic earning $1,000 a week. You’re rear-ended in Miami and suffer a serious shoulder injury. The doctor puts you out of work for six weeks.

PIP covers 60% of your wages: $600 × 6 = $3,600

Your actual lost wages: $1,000 × 6 = $6,000

Difference not covered by PIP: $2,400

If your shoulder injury is classified as “serious” under Florida law, you may be able to file a claim against the other driver to recover that $2,400 — plus any future loss if your injury limits your ability to return to full-duty work.

What If the Insurance Company Pushes Back?

It happens all the time. Insurers will often try to:

• Downplay your injuries
• Dispute the hours you missed
• Argue that you could’ve worked a “light duty” job
• Blame you for part of the accident

That’s where having an experienced injury attorney makes a difference. We don’t just take their word for it — we challenge weak denials, build solid evidence, and bring in experts when needed to make sure your claim reflects the full impact of your injuries.

Florida’s Time Limits for Filing a Claim

As of 2023, Florida law gives you two years from the date of your accident to file a personal injury lawsuit. That’s a shorter window than it used to be, and it makes acting quickly more important than ever.

If you miss the deadline, you could lose your right to recover anything — no matter how strong your case is.

What You Can Do Right Now

If you’ve been injured in an accident and you’re missing work, here’s what you should do:

• Get Medical Care Immediately
  • Don’t wait — especially if it’s a car accident. You must seek treatment within 14 days to qualify for PIP benefits.
• Let Your Employer Know
  • Make sure your boss or HR department documents your missed time and the reason for it.
• Keep Records
  • Hang onto every pay stub, doctor’s note, and appointment confirmation. It all helps your claim.
• Call a Personal Injury Attorney
  • At Suarez & Montero, we’ll review your case for free, explain your options, and let you know exactly what you can expect when it comes to lost wage recovery.

Final Thoughts

Losing income after an accident adds insult to injury — especially when you’re already trying to heal. The good news is Florida law gives you options. Whether it’s through your own insurance or a claim against the at-fault party, you may be entitled to recover both past and future lost wages.

Don’t assume the insurance company will do the right thing on its own. And don’t wait too long to act — time matters in these cases.

If you’ve been injured and want to know what your claim might be worth, call Jaime “Mr 786Abogado” Suarez today to Get You Paid!