Can I Collect Damages for Lost Wages if I Used Sick Time and Still Got Paid?
When I got hurt in a car wreck I missed three weeks of work but still received my normal pay because of accumulated sick time. Can I still ask the person who caused the car wreck to pay me for the time I missed from work ?
Yes. Under current Tennessee law, the law says that a person who caused the wreck and your injuries should not get the benefit of your employer’s sick leave policy. Thus, under what is known as the “collateral source rule,” the fact that you collected sick pay does not impact your right to collect for those “lost” wages in a settlement or trial.
You will need a statement from your employer listing the days you missed work as a result of injury to help the other driver's insurance company evaluate your claim.
