How to Recover from Missing Work Time Following an Accident

Posted on by in Product Liability

An accident can have severe consequences, some of which go on beyond the immediate or the obvious.

If you have been involved in an accident through no fault of your own, one way that you can reduce the impact that it will have on your future is to hire an experienced Miami personal injury attorney, who will work hard to protect your rights and pursue the compensation you deserve.

After an accident, you may have to miss work because you are injured, you can't work as efficiently, have appointments related to the accident or injuries, or are emotionally unprepared to return. Missed time from work results in lost wages, possibly creating a financial burden for you and your family and may endanger your employment. That can be incredibly frustrating. If your personal injury has affected your work, it's essential to understand your rights.

An attorney can help get your medical documents after an accident

When you're hurt, medical documents and medical records may be substantial proof of your injuries and the basis for calculating your damages. However, when you have a serious accident, there are many problems you have to take care of, and you may lack the knowledge, the energy, or the time to solve all of them promptly.

When handling your case, our personal injury lawyer and staff make sure that you get what you need and fight to protect your legal rights.

For example, in a situation we have managed, our injured client was afraid of being fired because she had trouble performing her responsibilities at 100%. Her employer was asking for a medical certification from the treating physician attesting the things she could and could not do any longer. We were able to obtain the medical document and forward it expeditiously to the employing company which understood that she had no fault in the accident and that although she had limitations, she could still perform many of her duties.

How can you recover lost wages or benefits?

In a personal injury case the term "Loss of Income" refers to wages or benefits that are lost due to the injury. For example, if you couldn't work for a week after a car accident because you were injured and hospitalized, you would be able to recover the payment for the hours you would have worked.

In most cases, injured individuals can recover lost income from the person or the company responsible for the injury. They can obtain a monetary damages award by making a claim against the other person or party.

Income doesn't need to be lost all at once to be recovered. For example, if the injury caused you to miss a total of 45 days spread out over the course of one year, you can still recover for those days. You need to document the missing days so that it is clear that the injury was the cause for the absences.

Lost income is relatively easy to prove. It involves examining your work attendance record and your pay stubs. This is a relatively straight-forward procedure.

How can you recover lost earning capacity?

The term "Lost Earning Capacity" refers to a decrease in someone's ability to earn income. For example, if your shoulder was permanently injured in a car accident, it may impair your ability to work in the future, especially if your job requires the use of the arms.

Lost earning capacity can be difficult to determine exactly. It's established through a complicated calculation and making reasonable predictions about your work ability at a later date in the future, which might involve:

  • Reviewing your work profile, including your skills, talents, abilities, and experience
  • Consulting with a doctor to determine the extent of the injury and how it would affect your future work performance
  • Using current market values and wage rates to determine how much income you would have lost in the future

Some of the damages from an accident are unavoidable, but not all of them. The experienced Florida personal injury lawyer at The Law Offices of Sean M. Cleary will work hard on your behalf to get you the money you deserve and improve your future as much as possible.

For questions and free legal advice to help individuals please call us

305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.