After a truck accident, it can take time to recover from the injuries you suffered. For many victims, this means needing to take time off from work to focus on recovering. Depending on the employer, some will not offer paid time off (PTO) in the form of sick or vacation days. If you are forced to use PTO while you recover, this can be part of your truck accident claim. The experienced truck accident attorneys at Northern Plains Justice can help you recover the compensation you deserve, including damages for PTO.
Recovering Compensation for Paid Time Off
In South Dakota, you may be able to recover damages from a truck accident that resulted in injuries. Common truck accident damages include:
- Medical expenses
- Lost income
- Loss of future income
- Pain and suffering
Part of a settlement for truck accident damages may include compensation for lost income. PTO may be claimed as part of the damages. If you used sick or vacation days for reasons related to the truck accident, you may be compensated for the time you were forced to take. You may be required to take paid time off to deal with such things as medical appointments, therapy, or mental health reasons.
Since you will no longer have the PTO you used if you need it in the future for reasons not related to the truck accident, this can be considered lost income, even though you are being paid for the time off. To prove that PTO is a lost income claim, you will need to show that if it was not because of the accident, you would not have needed to take the sick or vacation days otherwise.
Valuing Paid Time Off
You may be able to recover compensation for paid time off if your employer forced you to use it due to reasons related to the truck accident. The amount of compensation you receive is typically equal to one day of income earnings. Each day you use will be calculated as such. A Sioux Falls truck accident attorney will determine the amount of compensation you can claim as part of the settlement amount.
Do You Need a Truck Accident Attorney in South Dakota?
If you were injured in a truck accident and have questions about PTO, contact Northern Plains Justice for a consultation. To schedule an appointment to discuss your case, contact us online or call our office at 605-306-4100. We offer a free case evaluation to all clients, and you don’t pay unless we win your case!
What does “PTO” mean in a truck accident case?
“PTO” stands for paid time off—your bank of vacation, sick days, or personal days you earn through your job. After a serious truck crash, many people burn through PTO just to attend medical appointments or simply because they’re too hurt to work. When that happens, the value of that lost PTO is a compensable loss, just like lost wages.
Can I get compensated for PTO I had to use while I was recovering?
Yes. When you’re forced to use PTO because of a truck accident, you’re losing a benefit you earned. A properly prepared injury claim can seek compensation for:
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PTO you already used while you were off work
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PTO you would have accrued but didn’t because you were out on leave
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Any other lost employment benefits tied to your injury
An attorney can package this as part of your economic damages, along with lost wages and medical expenses, so the trucking company’s insurer can’t pretend that PTO “doesn’t count.”
How can a Sioux Falls truck accident lawyer help me recover lost PTO?
A knowledgeable truck accident lawyer does more than just send a demand letter. Your attorney can:
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Gather your employment records, PTO policies, and pay stubs
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Work with your employer or HR to document exactly how much PTO you lost
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Include PTO loss in your full damages calculation, not as an afterthought
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Push back when the insurance company tries to treat PTO as “no big deal”
Our firm’s truck litigation work is explained in more detail on our visit our Truck Accident Lawyer page
Is PTO treated differently than regular lost wages in a claim?
PTO isn’t a separate category under the law, but it is a form of compensation and benefit tied to your job. Practically, we often present PTO in two ways:
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As part of your lost earnings/benefits, because you used PTO instead of being paid normally
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As evidence of how disruptive the truck accident has been to your work and your life
Handled correctly, PTO loss strengthens your overall demand. Handled poorly—or ignored—it can leave real money on the table.
What evidence do I need to prove PTO loss after a truck accident?
The stronger your documentation, the harder it is for the insurance company to argue. Useful evidence can include:
- Your employee handbook or PTO policy
- A PTO or time-off report from HR
- Pay stubs before and after the crash
- Doctor’s notes and medical records showing why you couldn’t work
- Emails or notes from your employer confirming you were off due to the accident
In serious 18-wheeler crashes, we often combine this with medical and injury proof like those discussed in our truck accident articles.
