Can I Get Fired Following a Car Accident Injury?

Posted on April 10th, 2018
By Steven Gursten

Fired After An Accident Injury

If you’ve been in a car accident that wasn’t your fault, and you’ve been injured, your insurance company might reimburse you for any lost wages. But, if you can’t perform your work duties because of your injury, you might lose your job.

We’ve seen many cases involving people who’ve been in a car accident and missed days at work, and then they’ve been told they’re fired. If this has happened to you, here’s what you need to know:

Are You Eligible for Lost Wages?

Your eligibility for lost wages depends on your insurance company and policy, and it relies on your ability to file a claim with the appropriate information. If you’re not sure what lost wages are, think of them as the money you would have earned if you had gone to work as usual.

Car accident injuries often result in lost wages, as the injured individual may need to spend time in the hospital or recuperate at home. Often, there are a myriad of doctor’s appointments that the injured victim will have to make. Lost wages are wages you can’t earn because you’re taking care of things related to your injury.

How Much in Wages Should You get?

Let’s say you are out of work for 4 months because you broke your leg in a car accident. You’re entitled to 4 months’ worth of wages. But, only if the auto insurance policy provides coverage for lost wages. Lost wages include lost monetary compensation, but they can also incorporate other types of benefits like:

  • Earning capacity that would position you positively to collect disability, social security, or other kinds of future income
  • Opportunities, such as interviews, that may open up new avenues of income for you or more income in your current position

What you Need to do to Collect Lost Wages

To collect lost wages, you need to fill out a wage loss claim with your insurance carrier. There are various ways to do this, so it’s best you contact your insurance company to get the proper procedure. Additionally, you’ll want to make sure you’re documenting all of your lost wages.

Your paperwork should include a letter from your physician describing your injuries and how long they’ll keep you out of work. You’ll want to ask your employer for a letter that verifies you missed work due to your injuries. And, you should include a copy of the police report that was filed at the time of the accident.

Lost Wages and Getting Back to Work

The insurance company will calculate your lost wages based on your pay rate and the amount of time you were out of work because of your injury. There may be some adjustments for missed opportunities or missed promotions, but these are often difficult to justify.

Getting back to work after you’ve collected lost wages and healed is another story. Hopefully, your employer lets you return to your job after you’ve recovered. If things don’t go smoothly, you may need some help with your situation. Each state will have different laws regarding returning to work.  So there is no one answer to this issue.

Taos Injury Lawyers are personal injury lawyers that work with people who have been hurt in car accidents. We’d love to hear your story if you’ve been fired after injury because you were unable to fulfill the duties of your job.

You can contact us to let us know what’s going on with your personal injury and job issue, and we’ll be in touch promptly to tell you how we might be able to help.

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