Damages for Missed Work Income After a Car Accident

An auto accident can create a lot of problems for accident victims.  Many accident victims are physically hurt in accidents and must miss time from work during their treatment and recovery.  This can create tension with an employer who wants the employee to be working.  Both employers and employees have rights when an auto accident requires an employee to miss time from work.

Working with Your Employer and Keeping Your Job

The amount of time that you can miss from work because of an auto accident injury and still retain your job depends on a number of factors.  Your right to miss work and return to your job may be dependent on:

Federal Family and Medical Leave Act (FMLA)

FMLA provides up to 12 weeks of unpaid leave for medical reasons for qualifying employees.  If you qualify for FMLA leave you will not be paid during your leave but you can return to your job after your leave;

State Law

Your states law may provide additional protections for unpaid leave due to auto accident injuries; and

Company Policy and or Employment Agreement

If you have an employment contract check to see if there are any agreements about medical leave.  Also, check with your business’s human resources department and in the employee handbook to see if there are any protections provided by your employer.

Despite these legal protections, the best way to protect your job may be to communicate directly with your employer.  Explain your situation to your employer and present a solution to your employer’s problem.  For example, if your medical situation allows, you might offer to work from home or work a reduced schedule to complete your essential job responsibilities.

Compensation – Medical Bills and Lost Wages

Your employer is likely not responsible for paying your medical bills and lost wages if you are in an accident but you may be able to recover compensation for both medical bills and lost wages from the person responsible for causing your accident injuries.

Problems with Lost Work Time

While the person liable for your injuries is required to pay you for lost wages, there are other problems associated with lost work time.  You may lose out on opportunities to work on specific projects or suffer depression, for example.  If you have any problems with lost work time then it is important to bring them to the attention of your lawyer.

Reasons to Hire a Lawyer

If you have been hurt in an auto accident then an experienced attorney can help you recover lost wages from the person responsible for your accident and can make sure that your employer honors your legal rights to keep your job after your medical leave. Most accident attorneys will offer a free consultation where you can describe your case and get advice regarding your rights.