ORS 742.524:  Starting January 1, 2010, a person who was in a car accident, at fault or not, can receive 70% of their wage loss from their own carrier (PIP) every month, up to $3,000.

This law has not changed in at least 20 years. Until January 1, 2010, a person in a car accident could only receive up to $1,250 in wage loss, no matter if that’s how much they were truly missing in wages.

It goes like this: If you are out of work for 14 days from the date of accident on, then you can make a claim for wage loss with your PIP carrier. The wage loss should start from the date of accident (be retroactive).

So if you make $5,000 a month and are in an accident, you should be receiving 70% of that, or $3,500. However, this law still limits the amount your carrier has to pay you for wage loss to $3,000.

It’s still not perfect, but better than $1,250. I am not at all certain why PIP carriers (or Workers Comp carriers) do not have to pay the true wage loss, but we all applaud the efforts to increase this long-ridiculous payment schedule.

Thanks Oregon Trial Lawyers!