Yes, your attorney may file a Motion with the Court to force the insurance carrier to correct your temporary disability rate. To do so, you must supply a copy of your paystubs for the Court to review. If you failed to retain your paystubs, your attorney may request a wage statement from your employer, although the actual paystubs are often more reliable than a handwritten form completed by the human resource office. Your tax returns, including W2 forms from the year prior to the accident, may also prove helpful. It is advisable to file this Motion early on in the process, before the carrier gets too far behind in your payments. However, your attorney may only do so if you provide some evidence that you are being paid at the incorrect rate.
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